Can I claim for a road accident caused by road conditions?

If you are the victim of a road traffic accident (RTA) caused by poor road conditions, it may be possible to make a claim for compensation. This includes accidents caused by potholes, debris, poor markings, damaged signage and spillages on the road.

Local councils and the Highway authority have a legal duty to maintain public roads in good condition. If they fail to do so and you suffer an injury, they may be liable for compensation. Sometimes, other parties, such as contractors and private road owners, may be at fault for your accident.

To find out if you can claim for a road accident caused by road conditions, call 0800 470 0474 for a free case assessment. You can also enter your details into our contact form to request a call back.

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Table of Contents

• Can I claim compensation for an accident caused by road conditions?
• What evidence do I need to support a claim?
• Who could be liable for road accidents caused by road conditions?
  • The local council
  • The Highways Authority
  • A contractor or construction company
  • A telecommunications or utilities company
  • A private road owner
  • A manufacturer or supplier
• What if I was partially at fault for the accident?
• Who can claim for accidents caused by poor road conditions?
• What road defects could lead to accidents?
• Claims for fatalities caused by a road defect
• Time limits to make a road traffic accident claim
• How much compensation can I claim for an injury caused by road conditions?
• Can personal injury compensation claims be made on a no win no fee basis?

Can I claim compensation for an accident caused by road conditions?

If your accident was caused by poor road conditions, such as potholes, cracks in the road, obscured road signs or debris, you could be eligible to make a claim against the party responsible.

However, the only way to know for sure is through a free consultation with a legal adviser. To determine the merits of your case, they will verify whether:

• Another party owed you a duty of care (as detailed in the section below).
• They breached their legal duty towards you and caused your accident.
• You suffered an injury or injuries as a result of this accident.

If you were injured in an accident caused by a road defect and want to make a compensation claim, seek legal advice as soon as possible. If your case has merit, your personal injury solicitor will contact the defendant and handle all communication with them on your behalf.

They will also help you gather all the necessary evidence to support your road traffic accident claim and secure the compensation you deserve.

What evidence do I need to support a claim?

To build a strong case against the defendant, you must be able to prove the cause of your accident and the injuries and losses you have suffered. The evidence to support your claim could include:

• Photographs of the road, clearly marking any vulnerabilities, safety concerns or damage;
• If available, CCTV or dash cam footage;
• Copies of your medical records and treatment plans for any injuries sustained;
• A report from a medical specialist regarding the long-term impact of your injuries;
• If the police attended, a copy of the police report on the accident and its cause;
• Estimates for the cost of repair for any car damage;
• Evidence of loss of earnings, expenses and other financial losses that you have or are likely to suffer;
• Contact details for any witnesses to your accident who can give further information about what happened;
• A report from an accident reconstruction expert;
• You can also use your own testimony about the accident and how it has affected your life.

To help support your claim, your solicitor will also gather maintenance records from the defendant to confirm any recent work or planned maintenance to the road in question.

Once the evidence has been collected, your solicitor will be able to demonstrate the liability of the defendant and the damages you have sustained. This will also help them negotiate the highest compensation award possible on your behalf.

Who could be liable for road accidents caused by road conditions?

Liability for a road traffic accident caused by unsafe road conditions could fall on several parties, including:

The local council

Most often, the local council will be liable for the harm you were caused. Under the Highways Act 1980, local councils are legally obliged to maintain the safety of roads and repair any defects promptly. If they fail in this duty of care, they will be liable for negligence.

The Highways Authority

National Highways have a duty to maintain and manage motorways and major A roads. If you were involved in a road traffic accident because they failed to address hazards like damaged barriers or potholes, they may hold liability for the accident.

A contractor or construction company

Contractors and construction companies have a duty to ensure the safety of road users during and after their work. Examples of negligence include leaving behind hazardous materials and failure to place adequate warning signs around construction zones.

A telecommunications or utilities company

Companies that perform work under or alongside roads, such as for laying pipes or cables, must restore the road surface once their job is done. If they fail to do so and you have an accident, you may be able to claim compensation.

A private road owner

Under the Occupiers Liability Act 1957, private road owners are responsible for the safety of visitors to their property. They must maintain the road and ensure safe lighting, markings and adequate signage. If they fail to do so, they could be responsible for the suffering caused to you following the RTA.

A manufacturer or supplier

Manufacturers or suppliers of traffic signs, barriers, concrete or other equipment could also be liable if their product was faulty and contributed to an accident.

What if I was partially at fault for the accident?

You may still be able to claim compensation even if you were partially responsible for your accident. In this case, the amount of compensation you will receive will likely be reduced by a percentage to reflect your part of the blame.

For example, let’s say you suffered an arm injury valued at £20,000. You could receive the following compensation if you were partially at fault for your injury:

• £15,000 if you were 25% responsible for the accident and the defendant holds 75% of the blame.
• £10,000 if you and the defendant hold the same degree of responsibility.

Examples of contributory negligence in a road accident compensation claim include:

• Driving at an excessive speed or distracted driving
• Ignoring warning signs such as ‘Roadworks ahead’
• Not wearing a seatbelt at the time of the accident
• Driving an unsafe or poorly maintained vehicle
• Following another vehicle too closely

Speak to an experienced road traffic accident solicitor by calling 0800 470 0474 to find out if you may be eligible to make a claim.

Who can claim for accidents caused by poor road conditions?

Anyone who was injured in a road accident caused by poor conditions can potentially make a claim for personal injury compensation, including:

• A driver who lost control of their car due to a pothole, oil spill or debris;
• A passenger who was injured in a vehicle affected by poor road conditions, including public transport users;
• Cyclists and motorcycle riders, who can be particularly affected by road defects because of their limited protection;
• A pedestrian who was hit by a driver who lost control of their vehicle due to the bad road conditions;
• A litigation friend can also claim on behalf of a child or an adult who is a protected party under the Mental Capacity Act 2005.

If you or a loved one were involved in an accident caused by unsafe conditions on the road, do not hesitate to seek legal advice and find out if you are entitled to compensation.

What road defects could lead to accidents?

Road traffic accidents can be caused by various hazards, such as:

• Potholes. Potholes, cracks and other uneven surfaces on the road can lead to burst tyres, abrupt jolts and loss of control of the vehicle.
• Mud. Mud left on the road by agricultural or construction vehicles can create slippery surfaces. That reduces traction and increases the risk of skidding or collisions.
• Ice and snow. If those in charge of road maintenance fail to treat it with salt or grit, ice and snow during winter can create highly slippery surfaces.
• Spillages. Spilt substances like oil, fuel, or chemicals can make the road surface dangerously slick.
• Debris. Rocks, branches, litter, or materials left from construction sites can create obstacles that can damage vehicles or lead to collisions.
• Poor signage and markings. Missing or faded road signs, such as stop signs, pedestrian crossings or speed limits, can mislead drivers and other road users and result in accidents.
• Poor lighting. Inadequate or broken streetlights can make it difficult for drivers to see hazards, pedestrians, or other vehicles.
• Broken traffic lights. Faulty traffic lights can create confusion and chaos at junctions and contribute to collisions.
• Missing barriers. If a vehicle steers off the road, missing or damaged barriers on bridges, elevated highways, or sharp curves pose a significant risk.

Claims for fatalities caused by a road defect

Unfortunately, a road traffic accident caused by ice or other hazardous conditions can also result in loss of life. If you lost a loved one as a result of an accident that wasn’t their fault, you may be entitled to make a claim under the Fatal Accidents Act 1976.

To claim compensation for the loss of a loved one, you must qualify as their dependant. Eligible parties include spouses, civil partners, children, parents, aunts, uncles and siblings. A dependency claim for a wrongful death can include compensation for:

• The financial benefits expected from the deceased, such as their salaries, bonuses, investments, pensions and healthcare;
• The value of the services they provided, such as household chores, childcare, DIY tasks and gardening;
• Reasonable costs for their funeral, such as wreaths, casket, burial or cremation;
• The pain, suffering and financial losses your loved one incurred after the accident if they did not pass away immediately;
• Specific family members can also claim a fixed bereavement award of £15,120.

Time limits to make a road traffic accident claim

Generally, you must start the personal injury claims process within three years from the date of the accident. This time limit is imposed by the Limitation Act 1980 and cannot be surpassed, or your case will no longer be valid.

There are a few exceptions to this limitation date:

• If you suffered whiplash or another injury that did not manifest immediately, you have three years to start a claim from when you became aware of it (the date of knowledge).
• If a child is injured, a parent or legal guardian can make a child accident claim on their behalf at any point before their 18th birthday.
• If the injured party lacks mental capacity, a litigation friend can represent them anytime, as the claim limitation date is suspended.
• If you lost a loved one in a road traffic accident caused by someone else’s negligence, you can claim compensation within three years after their death.

How much compensation can I claim for an injury caused by road conditions?

It is difficult to say how much your claim may be worth without knowing your circumstances. The amount of compensation you may receive will be based on two types of damages:

• General damages are awarded for the pain, suffering and loss of amenity caused by your injuries. This includes physical pain, mental distress and loss of enjoyment of life.
• Special damages are awarded to cover financial losses and expenses caused by the accident. These are based on objective evidence such as receipts and invoices and could include medical bills, lost wages, travel costs and care during recovery.

You can use our online compensation calculator to determine how much compensation you could receive for your injuries.

Can personal injury compensation claims be made on a no win no fee basis?

If you are entitled to make a road traffic accident compensation claim, your solicitor will work under a no win no fee agreement. That means you do not have to pay any legal fees upfront or if you lose the claim.

Under this service, you only pay your solicitor if they succeed in getting the compensation you deserve. In this scenario, they will be entitled to a success fee that is deducted from your settlement. The success fee is established from the beginning and capped at 25% of your payment.

With a no win, no fee arrangement, you do not take any financial risks, as you have nothing to pay if your claim is unsuccessful.

To find out if you have a strong case and how much compensation you could claim, call 0800 470 0474 or enter your details here for a free case assessment.