I came off on mud…

I recently fell off my motorcycle because of mud. I was travelling around a bend on a country road when I skidded on a large deposit of mud.  It covered the whole of my lane and went on for about 20 metres. Luckily, I managed to avoid suffering a serious injury, but I have a sore shoulder and I will be off work for the next few weeks.

The police told me that the mud originated from a farm gate. I’ve since spoken with my insurance company who told me that the accident would go down as my fault, which seems unfair. Do I have a case?

Terrance, Somerset.

Answer

Large deposits of mud left on the road are especially dangerous to motorcyclists. Farmers and vehicle operators are legally responsible for cleaning up any mud they leave on the road. If they don’t, they could be liable for several offences under the Highways Act 1980.

You are also entitled to claim for compensation, provided you can identify the perpetrator.

If the police are investigating the incident, then you will eventually be provided with the relevant details. If not, then you should try to revisit the scene of the accident (or ask a friend) to gather evidence by taking photographs and establishing the exact gate the mud came from as soon as possible.

These cases can be tricky, so you may wish to instruct a specialist solicitor to help.