Highway must be dangerous

Road accidents caused by roads in poor condition are not always easy to pursue against the highway authority. This might seem odd, but the highways are maintained by the State, so the State gets to set the standard.

Here is an example of a decided High Court case where a vehicle overtook on a minor road. The wheels on the driver’s side of the overtaking vehicle were caught in a series of pot holes which tramlined the vehicle. The road had no kerb stones at the edges. The driver steered sharply to the left but lost control and left the road on the left side. Miraculously the car being overtaken was not hit, but the occupants of the overtaking car came off badly.

So what must the driver of the overtaking car prove to show the highway authority is liable to pay compensation for personal injuries?

The Claimant was driving a Land Rover on a country road for which involved Devon County Council was responsible. Continue reading “Highway must be dangerous”