Motorcycle Accident Claim - Debris in the Highway

Motorcyclists (and cyclists) are probably the most vulnerable road users when it comes to a motorcycle accident claim and debris in the highway.  They will often come across the results of an accident shortly after it has happened, although on occasion it has been days before anyone has cleared up the mess.

If you have an accident on the highway then you have breached your duty to other road users and are also under a duty to other road users to clear it up.  If another accident occurs shortly afterwards then, absent arguments about whether the other person should have seen what was coming up and taken steps to avoid it, the person or persons responsible for the first accident are liable for the second accident.

Cases like this are very much fact specific.  Issues such as time of day, position of the debris, volume of traffic and time between the 2 accidents are all relevant.

The matter becomes more complicated where the emergency services or the council have been contacted to clear up the scene.  The duty of the highways authority is generally to maintain the road, not clear up after someone else's accident.  They are also a limited resource, so there may be some delay before they can get there.

The longer the time difference between the 2 accidents the more difficult it can be to prove liability.  This is particularly the case where the original accident was never reported.  However, there are strong arguments that these accidents are covered by the Motor Insurer's Bureau as accidents, so even if the third party cannot be identified it may still be possible to claim compensation.

If you have had an accident as a result of debris on the highway then call 01296 662770 for advice on how to bring a claim.

If you need our help,  either e-mail us anytime, or call 01404 861868.