I crashed on loose gravel. Can I still claim?

I lost traction on a large deposit of gravel on a bend in a country road 2 months ago and was thrown from my motorcycle, ending up in hospital with multiple broken bones. I contacted the council to report the incident and to warn them about the potential danger to other motorcyclists and start a claim against them.

The council were sorry for what had happened but said they were not liable to compensate me. They referred to an inspection of the road carried out a few months before my accident which found no defects in the road surface.

My injuries have still not fully healed and I have been left significantly out of pocket. Is there anything I can do?

Neil, Evesham

Answer

These can be difficult cases. A highway authority has a duty to maintain and repair the fabric and structure of the highway. However, that duty does not generally extend to routinely clearing loose gravel, stones or other debris from the road surface.

The position may be different if it can be shown that it was likely the gravel was deposited by a particular road user e.g., a lorry carrying gravel. In those circumstances you may have a claim under the Motor Insurers’ Bureau (MIB).

The nature, location and volume of the gravel deposit may provide clues as to how it came to be there. Photographs of the scene, particularly showing the size and extent of the deposit would be helpful evidence.

You should speak to a solicitor who specialises in motorcycle accident claims. They can advise you on the merits of a claim.