Can I claim for crash on winter grit
On Saturday morning, I had a low speed accident on a roundabout that was heavily gritted. The front wheel went from under me half way around it and I believe it was because of the grit. Although it was dry it was a bit frosty out. Would it be silly to try and get any sort of compensation from the local authorities/council? I know it is not a road defect or diesel patch and if the grit wasn’t there it would probably be a safety issue so I am just wondering where I stand.
James, Carlisle
Answer
You are going to struggle to succeed with a claim against the local authority for this accident. The very reason the gritting vehicles are deployed is to protect road users from treacherous icy conditions. From a public policy perspective judges are not going to allow such a claim to succeed as it could deter the gritting lorries from attempting to make the roads safe for fear of a claim against them. That would be in nobody’s interest as we would all then risk driving on icy roads. The only conceivable way you could succeed in this would be to argue that they were negligent in depositing too much grit – and I literally mean piles of the stuff – and I strongly suspect this was not the case. I am afraid I don’t see much prospect of a successful claim.
Download
