14 January 2010
The slippery path of highway law
Marek Bednarczyk of Hart Brown solicitors has some timely information for those concerned about venturing out in the snow and ice:
Even the most experienced of drivers has been tested by this month’s treacherous, icy roads. My car is fitted with a warning device which bleeped at me to warn of the risk of ice and, shortly afterwards, the external temperature gauge showed a reading of -1°C. I drove as carefully as I could – my car can’t do that bit yet!
No matter how carefully you drive however, it is easy to lose control of your car in such conditions and before you know it, you have careered off the road or slid gracefully into the back of the car in front. The question being asked by many at the moment is, is that my fault?
The role of the Highway Authority
The Highway Act 1980 states that Highway Authorities are under a duty “to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice”.
However, crucially, the Highway Act does not place on Highway Authorities an absolute duty to get rid of ice and snow from the roads. A Highway Authority only needs to take those steps which are reasonably practicable.
This means that if a Highway Authority can satisfy the court that they had in place at the time of an accident an adequate and proper policy for salting roads - and the policy was actually being implemented around the time of the accident - then the Authority will not be found liable.
At present the law does not expect Highway Authorities to provide road users with a guarantee that their policy on gritting or salting roads will ensure that all roads will be completely free of ice and snow.
Drivers who suffer an accident in icy conditions therefore need to be aware that it can be very difficult to prove that the Highway Authority was to blame and that, particularly if they go into the back of the car in front, it is likely to be found to be their own fault.
If you require further information, or feel you may have a claim, please contact Marek Bednarczyk on 01483 887704 or email marek.bednarczyk@hartbrown.co.uk
For further information about Hart Brown solicitors call 01483 887766