Ice causing crash. Who is liable?

TooManyPoints

The law you quote actually only requires the council to "take such measures as appear to the authority to be appropriate", which is a long way from saying they "have to act". 

Exactly. And s39 does not seem to cover these circumstances anyway. It may be that an otherwise perfectly safe stretch of road becomes hazardous (as many do) when icy. In an ideal world every road in the country would be gritted immediately whenever there was the slightest threat of frost or ice. But of course that is impossible. Trying to lay the blame on a local authority because you skidded on an icy road is unlikely to get you anywhere at all. In fact I'd go further than that to say it definitely will not get you anywhere.

facade

Isn't it the fault of the deity responsible for putting the ice on the road? 

Which would be Jack Frost.

Stubod

..could be the fault of highways for actually building the road in the first place?

MeteredOut

If I was the guy who invented the wheel right now, I'd have my lawyers ready!

HillStreetBlues

photome said:

Can’t believe this is even a question

I crashed on ice back in about 1980.. I had no thoughts at all of blaming anyone else other than myself

times have changed

Yep. it's a slippery slope.

cymruchris

HillStreetBlues said:

photome said:

Can’t believe this is even a question

I crashed on ice back in about 1980.. I had no thoughts at all of blaming anyone else other than myself

times have changed

Yep. it's a slippery slope.

I can't see any potential claim gaining traction here...

Stubod

photome said:

Can’t believe this is even a question

I crashed on ice back in about 1980.. I had no thoughts at all of blaming anyone else other than myself

times have changed

....yep, everything must be somebody elses fault....sign of the times...

Smurnov

The driver is liable.
In icy conditions it's your responsibility to either slow down or not drive at all.