While you might not realise it, too much mud on the road could cause it to become more difficult to drive on. Mud on the surface of the road could cause it to become slippery and your car’s tyres may not have enough traction on such a surface to allow you to drive safely. If you’ve had a mud on the road car accident, you may already know this. But did you know that you could potentially make a claim for compensation for any injuries sustained in such an accident?
We have created this guide to help those who have been injured in a mud on the road car accident. To learn more about making such claims please read our guide. In the sections below, we’ll describe how compensation amounts for such claims are calculated. As well as, give you information on who may be responsible for mud on the road in the UK in a variety of different situations. We’ll also explain how to go about reporting mud on the road that could cause a hazard. Last but by no means least, how to make a claim if you’ve been injured due to mud on the public highway. We hope you find this guide useful.
For free legal advice on making a mud on the road car accident claim, or to be connected with a solicitor who could help you, please feel free to get in touch at any time on 0161 696 9685.
Select A Section
- A Guide To Mud On The Road Car Accident Claims
- Mud On The Road Car Accident Compensation Calculator
- Are You Also Owed Special Damages?
- What Is A Mud On The Road Car Accident?
- Who Is Responsible For Mud On The Road?
- Duty Of Care To Prevent Mud On The Road
- Possible Causes Of Mud On The Road
- Mud On The Road Caused By Farms And Farm Equipment
- Mud On The Road Caused By Construction Sites And Vehicles
- Mud On The Road Accidents Involving Work Vehicles
- Whiplash Caused By Car Accidents On Muddy Roads
- No Win No Fee Claims For Mud On The Road Car Accidents
- Contact Us
- More Information
Have you been injured in an accident due to construction mud on the road? Or were you injured because a farmer left mud on the road and this caused an accident? Whether you were injured as a driver or a passenger in a vehicle that suffered an accident due to excessive mud on the road, or you were injured as a pedestrian when a car slipped in mud and hit you, you may be wondering ‘is it illegal to leave mud on the road?’ and “who could be liable for a mud road accident?’. This guide aims to answer these questions and more.
Therefore, helping to explain what you may need to know when it comes to claiming for a mud on the road car accident you have suffered injuries in.
To make a claim for compensation for personal injury, you would need to be able to demonstrate that:
- The accident was not your fault
- Someone else was responsible – they owed you a duty of care
- It caused you to suffer injuries you would not, on the balance of probability, have suffered otherwise
You would also need to ensure your claim was made within the relevant personal injury claims time limit to your case. Usually, this would be 3 years from the date of the road accident. But some exceptions could apply. Particularly if the injured party is a child or someone who does not have the capacity to claim for themselves. Many people prefer to enlist the help of a solicitor when making personal injury claims.
We could offer free legal advice along with connecting you to solicitors who work on a No Win No Fee basis. So if you’d like to begin a claim, please don’t hesitate to get in touch with us. We’re here to help.
When we look at how to calculate compensation for a mud on the road car accident, we must assess all the evidence and facts surrounding the case. When it comes to personal injury claims, part of the evidence that must be assessed is the medical evidence. As part of a mud on the road car accident claim, you would need to visit an independent medical expert for a medical examination.
The medical professional would review any relevant past medical notes, as well as, examine you. Also asking questions about your symptoms and injuries. Based on the results of the examination and their own professional knowledge, they would then write a medical report. This would detail your injuries and prognosis for recovery.
If you’d like to know what compensation amounts could be appropriate for certain injuries, why not take a look at the table below instead of searching for a personal injury claims calculator? We have taken some figures from the Judicial College Guidelines. A legal publication that lawyers could use to come to appropriate compensation payouts for specific injuries. If you cannot see your injuries below, we could offer further insight into other injuries over the phone.
|Injury||Further notes||Judicial College Guideline Bracket|
|Severe neck injuries (iii)||Injuries in this bracket would include those that cause severe soft tissue damage, dislocation or fracture that cause chronic conditions and lead to significant permanent disability. Awards would be dependent on how long it took for the most severe symptoms to be ameliorated, how extensive treatment was and the victim’s prognosis.||£42,680 to £52,540|
|Moderate neck injuries (ii)||Soft tissue or wrenching injuries or disc lesions that were classed as severe. They could lead to cervical spondylosis, permanent or recurring pain and a limitation on movement. There may be a risk of future vulnerability or surgery being needed.||£12,900 to £23,460|
|Minor neck injuries (i)||A full recover could be completed within one to two years.||£4,080 to £7,410|
|Severe back injuries (iii)||Soft tissue injuries causing chronic conditions, vertebral body or disc fractures. There would be remaining disabilities even with treatment. These could include impaired sexual function, severe pain/discomfort, depression and impaired agility.||£36,390 to £65,440|
|Moderate back injuries (ii)||Frequently encountered back injuries could be included here, such as disturbed muscles and ligaments that cause backache.||£11,730 to £26, 050|
|Severe knee injuries (ii)||Injuries in this bracket could include leg fractures that extend into the knee joint, causing pain that is constant and permanent, limiting the movement and agility of the affected person and knee resulting in constant permanent pain, limitation of movement, impairment of agility, and a risk of osteoarthritis.||£48,920 to £65,440|
|Wrist injuries ©||Damage that is less severe but that leads to a continuing disability, which could include pain and stiffness.||£11,820 to £22,990|
|Scarring (bodily)||Where there is one disfiguring scar or a number of scars to the arms, chest, back, hand or leg.||£7,350 to £21,330|
There are different types of damages that a road car accident could cause. See below for an explanation of damages that could form part of your claim.
These are illustrated in the table in the previous section. They are designed to compensate a victim of personal injury for their suffering, pain and loss of amenity.
There could be many different financial expenses that car accident victims could face. Special damages are designed to compensate for these. They could include:
Loss Of Earnings
Some victims may suffer injuries that mean they have to take time off work while they recover. Therefore, they may lose out on income as a result. If they do, these costs could be claimed for.
Also, some victims may suffer injuries so severe that they are unable to look after themselves and require someone to care for them. Hence, care costs could be claimed for in a personal injury claim.
Additionally, if you’ve incurred expenses such as physiotherapy bills, prescription costs or counselling fees, these could also be included as part of your claim.
Last but by no means least, if you’ve incurred costs as a result of travelling to medical appointments or for appointments with your lawyer, you could include such costs within your claim.
Mud on the road car accident is an accident involving a car where mud was a factor or cause of the accident. This could be because a farmer has dragged a muddy load across a road from one field to another. Or because construction mud has spilt on the road. This could in some cases cause the road to become slippy. This could present a hazard to drivers, passengers and other road users.
Whether you have been injured as a pedestrian, passenger or vehicle operator in a mud on the road car accident, you could potentially launch a claim against the party responsible for depositing, not signposting or not cleaning up the hazard. We could offer you free legal advice, along with, checking whether you could be eligible to claim.
The Highways Act 1980 states that a person who deposits mud on the road without authority or excuse can be liable in the event of a third party injury. Highways Agency has rule to close a road if a mud deposit becomes a hazard, and could fine a business or person/s responsible for the deposit. They could fine someone for the cost of cleaning the road and making it safe. In addition to this, the Act says if mud on the road was to cause an accident leading to personal injury, the party that deposited it could be held liable for claims of personal injury made against them.
All road users, landowners/occupiers and those working on land have a duty of care to prevent depositing mud on the road. They could do so by:
- Ensuring vehicles are cleaned before leaving a muddy site
- Signage is used to warn others of the hazard if there is a deposit
- Deposits are cleaned as quickly as possible
- Anyone contracted to work on a muddy site is aware of whose responsibility it is to ensure deposits are not made/left
A breach of the duty of care to prevent mud on the road could lead to a personal injury claim being made against the party that breached that duty.
There are a variety of ways in which mud could be deposited on the road, and who you could claim against could depend largely on the reason there was a mud deposit on the road. Also, whose responsibility it was to prevent depositing it, or to clean it up. Some ways in which mud could be brought onto the road could include:
- Spillages from vehicles transporting soil loads
- Builders/contractors moving from muddy construction sites to other places
- Builders/contractors causing mud to spill onto a road from a site
- Farmers moving loads from field to field
- Farmers driving tractors on public roads after they have been on muddy fields
- Bad weather causing land to slip
If you’re unsure of who could be held liable for injuries you’ve sustained in a mud on the road accident, we could provide free legal advice over the phone tailored to your specific case.
Farmers tend to use heavy vehicles to move around farms and sometimes they need to use public roads to transfer goods, livestock and other loads. Because they may move heavy vehicles from muddy fields to public roadways, there could be a chance that their activities lead to them moving some of the mud on a field into the road.
Mud On The Road, A Farmer’s Responsibility Explained
Land operators, such as farmers and other landowners or occupiers could be held liable if their works lead to a mud on the road accident that could have been prevented.
- Section 137 of the Highways Act 1980 states that wilful obstruction of a highway is an offence without excuse or lawful authority.
- Section 148 of the Highways Act 1980 states that a person who deposits dung, compost or other material for dressing land on a made-up carriageway is committing an offence.
- Section 149 of the Highways Act 1980 states that a highway authority could demand that the farmer removes any deposit that could cause a hazard or nuisance.
- Section 161 of the Highways Act 1980 states that if someone deposits anything on the road that causes personal injury to another person, that person is guilty of an offence.
If you believe your injuries have been caused by a farmer or farm equipment leaving a mud deposit on the road, why not contact us to see if you could make a mud on the road car accident.
Mud on the road law in the UK ensures that third parties do not cause an obstruction on the road, or a hazard, lest they be held liable for a range of offences, as was explained by the section above. If there is mud on the road that causes an accident could lead to a construction company being held liable for injuries suffered by those involved in the accident if they have not taken steps to remove the mud they have left. The advice given by one local council is that those who have or are likely to deposit mud on the road should:
- Be prepared to hire equipment to clear mud from the road.
- Keep a record of whether a decision has been made to put up a mud on the road sign.
- Ensure low speeds are used to try and retain mud on the vehicles involved, minimising any deposits of mud on the road while travelling.
They also say that those conducting activities that could deposit mud on the road MUST:
- Take every possible action to avoid depositing mud on the road.
- Comply with the planning conditions of the site.
- Only use authorised mud on the road signs.
- Clean the road at necessary times and before leaving the site each day.
- Ensure equipment used is suitable for the weather conditions and soil.
- If contractors are used, ensure responsibilities are discussed and agreed on prior to the commencement of works.
If you are injured in a mud on the road car accident caused by a construction site, we could help. We could check your eligibility to claim. Also, we can connect you with a solicitor that could help you make a claim.
If you’re injured in a mud on the road car accident while at work, it could not only cause damage to your company’s vehicle, but it could also cause you to suffer an injury. If you were injured because mud was not cleared when it should have been, this could lead to you being able to claim against the party that was responsible for clearing the road.
However, this is not the only way you could be injured at work due to a mud on the road car accident. If, for example, you were working on the roads, and your employer had not risk assessed the road you were working on to ensure you could work on it safely, your employer could be held responsible for an accident involving mud on the road. This is because they have a duty of care to protect your health and safety at work under the Health and Safety At Work etc Act 1974. If they forced you to work next to a patch of mud on the road and a car slipped on it, injuring you, this could leave them liable for a claim.
One of the more common injuries in car accidents is a whiplash injury. If a mud on the road car accident has meant your head was jerked sharply, this could strain the ligaments and muscles in your neck. This could cause a whiplash injury. Sometimes, people are unaware that they have suffered a whiplash injury until some time after an accident. We would always advise those who have suffered a car accident to seek medical advice. While whiplash is often considered quite a minor injury, in some cases, it could lead to a long-term condition, such as complex regional pain syndrome.
Claiming for a whiplash injury caused by a mud on the road car accident could be less stressful if you were to opt for assistance from an experienced personal injury lawyer. Here at Advice.co.uk, we could offer free legal advice and help you find such a solicitor to help you with your claim.
If you’re wondering how to get legal support from a personal injury solicitor for a road car accident claim, you might be interested to learn about No Win No Fee claims. If you work with a solicitor under No Win No Fee terms, you would not only not have to pay them upfront to get started with a claim, but you wouldn’t even need to pay them throughout the duration of your claim either. You’d only pay them once your claim had been completed and compensation had been paid out.
- Your personal injury solicitor would send you a document called a No Win No Fee Agreement/Conditional Fee Agreement.
- You’d be asked to read and sign to agree to the terms of the agreement, which would be to pay your lawyer a success fee in the event of a successful claim. The success fee you’d be asked to pay at the end of your claim would be legally capped. It would be calculated according to a small percentage of your total compensation payout.
- Once you’d agreed to the terms of the agreement and sent it back to your solicitor, they would get started on your claim.
- At the end of your claim, once compensation had been paid, your solicitor’s success fee would be deducted from the final payout.
What Would Happen If My Mud On The Road Car Accident Claim Failed?
If you’re worried about having to pay your solicitor out of your own pocket when a compensation settlement couldn’t be achieved, then you may be relieved to learn that in unsuccessful No Win No Fee claims, you wouldn’t pay the success fee. Nor would you cover the costs the solicitors had incurred while fighting your claim.
If you’re interested in making a claim for a mud on the road car accident, we could help you. Not only could we give you free legal advice over the phone, but we could also check your eligibility to claim. We could even connect you with a No Win No Fee personal injury solicitor. They could launch a claim on your behalf. To get in touch with our expert advisors, simply:
- Call the helpline on 0161 696 9685
- Use live messaging to chat with us
- Or complete our contact us form and we’ll get back to you.
Agency Or Temporary Worker Claim – Some people working on farms and building sites could be agency or temporary workers. If they’re injured in a mud on the road accident, could they make a claim? Find out here.
Whiplash Injuries – You can find out more about claiming for whiplash injuries in this detailed guide.
Car Accident Claims – Find out more about making car accident claims in this guide.
Highways England – You can find out more about roads managed by the Highways Agency here.
Who Do I Report Mud On The Road To? – Here, you can find out how to report mud on the road.
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Published by AL.