Can I claim from the council if the road surface caused my accident?

SolicitorMidlands

s.58 of the Highways Act gives council's a statutory defence to any claim no matter how serious the injury if they can prove they had a reasonable system of inspection and that they had adhered to that system.

What constitutes reasonable depends on the road and the amount of traffic using it. Courts have held that an inspection every 12 months is reasonable.

Take photographs of the defect. Get the names and addresses of the people who have had similar incidents.

However, I do think this is a potentially difficult claim on the basis that it must have been a big defect to have caused this incident.

Pew_Pew_Pew_Lasers!

scotsman4th wrote: »

It just depends what way that straight line is pointing at the point of application

Yes, but better to know where you're going than to be sliding, suddenly regain traction, and shoot off into the unknown. At least once you're sliding in a straight line you can predict what will happen.

Ian_W

SolicitorMidlands wrote: »

Take photographs of the defect.

But the OP hasn't said there was any defect with the road. In post 1 he asks if you can sue the highway authority if the road is "unsafe" and the simple answer is NO - unless you can prove they were negligent in some way. The OP hasn't revisited the thread for a while so I guess we won't know if there was a defect in the surface until s/he does.

My own thoughts are very much in line with Lemonade Pockets, even if you hit ice going steadily uphill in a straight line I think it unlikely, without some reaction from the driver, it would cause a car to spin.

Rolandtheroadie

Pew_Pew_Pew_Lasers! wrote: »

Yes, but better to know where you're going than to be sliding, suddenly regain traction, and shoot off into the unknown. At least once you're sliding in a straight line you can predict what will happen.

I wouldnt imagine many people actually slide in a straight line (unless they nearly rear end someone or misjudge stopping distances at junctions etc).
Theres a science behind controlling a skid. Trouble is, when it happens, it's just luck.