I dropped my bike on gravel

I lost traction on a large deposit of gravel on a country road last weekend and ended up in the hospital with a broken collarbone. I emailed the council to complain and to inform them of the potential danger to other motorcyclists.

After several weeks, the council responded, and while they apologised, they said that they were not responsible and so not liable to compensate me. They refer to an inspection of the road that was carried out a few months prior to my accident, which identified no surface defects. My injuries still haven’t healed, and I am out of pocket. Is there anything I can do?

David Williams, Shrewsbury

Answer

These can be difficult cases. Unfortunately, while the council has a duty to maintain and repair the fabric and structure of the highway, this duty does not extend to clearing loose gravel or debris from the road surface.

However, if the gravel/debris has been deposited by a single road user (for example, a lorry carrying highway material), then you may be able to succeed in a claim under the Motor Insurers’ Bureau’s Untraced Drivers’ Agreement. It should be relatively easy to tell from the make-up or volume of the deposit whether this is the case, and if you have photographs, then you should seek advice from a specialist solicitor to find out if your claim has merit.