A road accident which occurs as a result of a poorly maintained road always has the potential of being grounds for a lawsuit. However there is a very complex set of tests which a claim has to pass in order for the claimant to be successful. Interestingly it is almost impossible for the person bringing the claim, and even for that person’s solicitor, to know ahead of time what the likelihood of success is.

A claim as described above is brought under the law of tort, and in particular under the Occupiers’ Liability Act. The Act states that in order to be successful when bringing a claim for personal injury against a relevant occupier, the claimant must prove that the defendant was negligent, and that it was the defendant’s negligence that caused the claimant’s loss. An experienced personal injury solicitor will be able to advise a client as to whether the latter test is likely to be satisfied, i.e. whether the action (or inaction) of the defendant caused the claimant’s loss.

However the former part of the test, i.e. whether or not the defendant’s action was negligent, is much more difficult to ascertain prior to bringing the claim, even for an experienced personal injury solicitor. This is because the test which assesses negligent action on behalf of a local authority takes into account whether the action (or inaction) of the occupier is reasonable. Specifically, in cases where a road has been in disrepair and it is evident that the condition of the road had caused the accident, the test would ask: a) whether the occupier was reasonably expected to know about the hazard, and b) whether the occupier was reasonably expected to fix the hazard, or provide relevant warning. The answer to the former question can be found by examining the schedule of road inspection the occupier operates. The answer to the latter question can be found by looking at the practice of other local authorities and comparing it to the defendant’s actions in this case.

In order to successfully assess a claim against the occupier of a road for an accident, a personal injury solicitor must therefore be familiar with the occupier’s internal policies and specific actions. Although a claim can almost always be brought, in many cases it is therefore unlikely to be successful for the reasons discussed above. For further legal advice on suing the Highway authority or a local authority for road accidents, a claimant is advised to speak to a personal injury solicitor.

Last Updated on 29/08/2011