Motorist says accident injury claim could be avoided
An inquiry has been called for after a man was left seriously injured from a motorcycle accident. Noel Williams claims to have come off his motorbike as a result of mud deposits on the road, left there by lorries that were accessing a construction site nearby.
As a result of the accident, Mr Williams has suffered serious brain injuries that affect his speech and memory functions as well as his physical movement. Friends and family are now calling on authorities to launch an inquiry into the condition of the road.
There is gathering support for Mr Williams, from residents of the local community. They say that if the road is properly maintained and inspected then accident injury claims such as his would not happen. But the police have already investigated the matter and have decided that there is no further action to be taken.
The condition of roads is often given as a reason for road traffic accidents, especially for vehicles such as motorbikes.
"The Highways Agency has a duty of care to all road users to ensure that the road is safe to drive on, whether you're in a car or on any other form of transport," explains an accident solicitor. "A prohibition notice can be served on building and construction sites if they are found to be in breach of the regulations covering the maintenance of public access routes near the site, but in this instance it seems that didn't happen. Coming at a time when the roads were already in a hazardous condition due to the snow, the combination of mud, clay and snow slush proved to be a lethal one for Mr Williams,"
Those lorries that exit the construction site are now being hosed down so that excess mud does not drop on the roads. But this is not a local problem, or indeed a one off situation. Many accident solicitors acknowledge the fact that they are faced with road traffic accidents that are caused by debris on the road. In order for there to be less people injured and subsequently less accident injury claims, it would seem that this question of mud on the roads needs to be addressed.
"There is legislation in place that puts the onus of responsibility on the company running the site to ensure that their vehicles do not deposit excess amounts of mud on the road and to prevent the entrances to building sites from becoming dangerous to road users," explains one solicitor.
"But the problems start when you try and prove who is responsible for causing the dangerous road conditions – is it the driver of the lorry, the site owners or the construction company's responsibility to ensure that vehicles leave the compound clean? It might seem like a trivial point, but as demonstrated by Mr Williams' case and countless other cases across the UK every year, that trivial point can have devastating consequences," he concludes.
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