A muddy road may not seem like a significant issue, but it can have disastrous consequences. If you have been hurt in an accident on the road caused by the deposit of mud, you may be asking, “Can I claim for injuries caused by mud on the road?”
Our guide explains when it is possible to claim compensation for injuries sustained on the road and provides examples of how third parties, such as farmers or construction companies, failing to clear up mud on the road could lead to a vehicle accident.
You can see how a successful claim against the responsible party could lead to a payout potentially reflecting injuries and financial losses.
We give further guidance on how to claim by covering useful forms of evidence. Finally, learn how our panel’s personal injury solicitors help claimants seek compensation on a No Win No Fee basis.
For free advice and an evaluation of your possible road car accident claim, you can contact our dedicated advisors at any time. Ask about making a claim through our online form.
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- Can I Claim For Injuries Caused By Mud On The Road?
- Examples Of When Can You Claim For Injuries Caused By Mud On The Road
- How Much Car Accident Compensation Could I Receive?
- Evidence For When You Make A Claim For Injuries Caused By Mud On The Road
- Make A No Win No Fee Road Accident Claim
- Read More About When Can You Claim For Injuries Caused By Mud On The Road
The short answer to the question, “Can I claim for injuries caused by mud on the road?” is yes, though some context is needed.
Anyone at risk of leaving excessive mud on roads during driving or work needs to be mindful of the Highways Act 1980.
Section 137 of the Act states that without lawful authority or excuse, wilfully obstructing the free passage of others along the highway is an offence. Furthermore, Section 148 outlines that without lawful authority or excuse, depositing anything on the road to the interruption of other road users is also an offence.
In fact, Section 149 notes that if matter deposited on the road is a “nuisance”, the party responsible could be made to remove it by the local highway authority, such as Highways England or a local council.
If, for instance, a farmer or construction company were to deposit mud on the road and fail to clear this up should an incident occur, such as a vehicle road accident, they could be seen as liable for any injuries or damage that is suffered.
If you have suffered injuries on the road caused by the deposit of mud, please contact our advisors, as you could have the right to seek personal injury compensation.
Section 161 of the Highways Act establishes that it is an offence if a person without lawful authority or excuse leaves anything whatsoever on the highway with the consequence of a road user being injured or endangered.
The following examples show how injuries could be suffered caused by the deposit of mud on the road:
- After reports of a farmer leaving mud on the road, the local authority orders the owner of the farm to ensure that the road is cleared up, but the farmer does not comply. The mud causes a passing motorist to lose control of their vehicle. A car accident is caused by the deposit of mud on the road. The motorist crashes into other vehicles as they are unable to stop. This results in several fractured bones and multiple soft tissue injuries.
- Construction companies or contractors are responsible for clearing up debris left on nearby public roads. However, in this case, construction workers leave mud on the road and make no effort to clear it up or leave road signs warning drivers of the issue. One road user swerves off the road to avoid a mud pile and sustains multiple leg fractures in the car accident it causes.
- A telecommunications company replacing broadband cables pulls up the ground to do their work. Workers allow the dirt to build up and wet weather conditions lead to muddy formations on the road. A biker skids on the muddy road and crashes in a motorbike accident that leaves them with a severe back injury.
Have you been involved in an accident involving mud on the road? Contact us today for a free consultation and to discover if you have a valid road accident compensation claim.
A payout for a successful claim would include compensation for injuries caused by the road accident. This is referred to as the general damages head of claim. Those responsible for calculating general damages could use medical evidence and the Judicial College Guidelines, a set of compensation guideline brackets used in some cases.
The table mostly features guideline figures found in the JCG. However, the bottom two lines are fixed whiplash injury values from the Regulations 2021. The top line is not from the JCG. Please also note that this table is only a guide.
|Multiple Very Serious Injuries And Financial losses
|Up to £1,000,000+
|A road traffic accident payout that accounts for multiple very severe injuries, plus financial losses such rehabilitation costs, care at home or lost earning potential.
|£219,070 to £284,260
|Paralysis of the lower half of the body. The level of award is impacted by factors including the presence and extent of physical pain.
|£219,070 to £282,010
|Injury causes disability to a very serious degree. Full-time care is needed for the injured person. Factors like their degree of insight and life expectancy affect the level of award.
|£150,110 to £219,070
|Cases where the affected person has a personality change and a moderate to severe intellectual deficit, among other complications.
|£91,090 to £160,980
|Particularly severe injuries featuring spinal cord and nerve root damage, with a combination of very serious consequences.
|Neck injuries featuring incomplete paraplegia, permanent spastic quadriparesis or 24-hour collar use not preventing little or no neck movement.
|Severe Leg Injuries
|The Most Serious Injuries Short of Amputation
|£96,250 to £135,920
|Injuries that do not involve amputation but that courts determine to be so severe that a similar payout is awarded.
|£39,200 to £54,830
|Serious compound fractures, or injuries to joints or ligaments, that result in issues such as instability and extensive scarring.
|Injuries Resulting in Permanent and Substantial Disablement
|£39,170 to £59,860
|One or both forearms sustain serious fractures. This leaves a permanent residual disability, whether cosmetic or functional.
|One Or More Whiplash Injuries Plus One Or More Minor Psychological Injuries
|For a period of more than 18 months, but no more than 24 months.
|One Or More Whiplash Injuries
|For a period of more than 18 months, but no more than 24 months.
Claiming For Special Damages
A settlement could feature special damages alongside your general damages compensation. This second head of claim accounts for monetary loss brought about by your injuries.
Among the expenses you can seek compensation for are:
- A loss of earnings if your injuries leave you unable to work.
- Medical expenses.
- Domestic care fees.
- Travel costs.
If you are making a road traffic accident claim caused by mud on the road, the Whiplash Reform Programme, may apply. If the total value of injuries in a claim is £5,000 or below and you are an adult passenger or the driver of a vehicle, there is a different route to claiming compensation. Also, whiplash injury compensation is fixed due to a tariff in the Whiplash Injury Regulations 2021. However, you can claim for whiplash and other injuries through the traditional route if the total value exceeds £5,000. Contact our advisors now for free advice and to find out which route you would make your personal injury claim.
For more answers to questions like, “Can I claim for injuries caused by mud on the road?” and “How much compensation could I receive?” please don’t hesitate to get in touch.
Your road accident claim will be stronger if you have relevant evidence to present. Examples of what evidence is needed include:
- Footage from CCTV or a dashcam that shows the incident and its cause.
- Photos of the mud on the road, plus any visible injuries.
- A copy of your medical records.
- Contact details for witnesses.
- The registration and insurance details of other drivers involved.
- Details of the exact location where the accident took place.
- A police reference number or a copy of the report if the police attended the accident.
If instructed, a solicitor from our panel could help with evidence collection and presentation. If you’d like to find out more about the services a solicitor can provide and how to prove liability for a mud-related accident, please contact us through any of the above avenues.
Your road traffic accident claim might be boosted by the professional support of a personal injury solicitor from our panel. They could help you achieve the best possible outcome in your case. A solicitor may also provide free legal advice and keep you updated throughout the road car accident claims, process.
All of this would be available to you without a fee upfront or during the claim because of the Conditional Fee Agreement our panel’s personal injury solicitors offer. These No Win No Fee terms mean there is no charge for their work if the case fails.
If your claim wins, you receive personal injury compensation. A deduction will be made for your solicitor’s success fee. Due to The Conditional Fee Agreements Order 2013 and the legal cap it sets out, a solicitor can only capture a small percentage of the compensation.
Why not contact us and learn more today? Our advisors offer a free consultation and can assess your right to start a compensation claim. Just talk to us if you have road traffic accident claim questions or want to know how to give yourself the best chance of maximum compensation. Discuss making a claim on our website.
If you’d like more information about road accidents, we have further guidance here:
- Our guide to how long car accident claims take to complete and how a solicitor can help with the claims process.
- Learn about using a personal injury claims calculator with our car accident calculator guide.
- This guide to legal time limits explains how long claimants have to start claims.
These resources could also be helpful:
- The National Highways page on how to report a problem on the roads.
- A government page for reporting an obstruction on the road.
- Guidance from the government website on seeking Statutory Sick Pay if you cannot work while hurt.
If you asked, “Can I claim for injuries caused by mud on the road?” we hope our guide has helped. For even more support, please get in touch any time.