Motorcyclists (and cyclists) are probably the most vulnerable road users when it comes to accident debris on the highway. When someone has an accident on a road it is their duty to clear up the debris, however, when the accident involves several vehicles, the matter can become more complicated and the emergency services or the council may be 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. 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.
If you have had an accident as a result of debris on the highway then call us for advice on how to bring a claim.