The Condition Of The Road Surface

An accident can be caused by the condition of the road surface, for example, pot holes, ice, mud or leaves. Appropriate warning may not be given to a problem with the road surface, for example: -

• The local authority (Department of Regional Development, Roads Service in Northern Ireland) may have failed to respond reasonably to a problem with the road surface. If so, they may be liable for any injury caused.

• Individuals or companies, for example, farmers or service providers may have mud or grease left on the road surface for a reasonable period of time without adequate warnings. If so, they may be liable for any injury caused.

• A contractor who failed to restore the road surface properly after the completion of works.

If your car is damaged because of the condition of the road surface may have a claim against the local authority responsible for road maintenance.

However, you will have to show that the road was not properly inspected and repaired. You should contact the local authority as soon as possible with the evidence:

• Road conditions.
• Damage to your car.
• The costs of repairing your car.

You can also send a picture of the road to support your claim. If the damage was caused by a hole, try sending measurements of the width and depth of the hole.

If the local authority said they were properly maintained and inspected the road you can still have grounds for a claim if the authority has not followed the national code of practice for road maintenance