Motor Cycle Monthly Article March 2007

The KillSpills campaign has done a fantastic job so far and the work continues, but what of other hazards on the road – muck, gravel or indeed, any other obstacle?

To start with, the law says that riders and drivers are first and foremost responsible for their own safety, but there are limits. If you come flying over a humpback bridge on the back wheel and lose it on a bit of gravel that will be down to you. However, what if you were only doing 20mph?

Typically, this is a bit of a minefield and once again I would advise getting some free advice from people who know, like sorrymate.com

If there is muck all over the road, causing you to crash, and you can identify where it has come from, you have a possible claim against the person  responsible. Basically, you go after the owner of the field and either they admit responsibility or tell you who is responsible. It sounds simple. However, in practice it can be difficult so get advice.

All roads have gravel on them but if there are piles of the stuff all over the place or on a bend there may be a claim. Get advice early, as the owners can often be traced.

I had a client who came off after hitting a block of wood, which fell off a wagon. It took three years, but we won in the end.

In all cases like this there may also be a claim against the council, though this is subject to limits. Get advice.

To put it simply, if the hazard should not be there, you may have a claim. If the person who caused the hazard can be found then there is a claim against them. If not, then there may be a claim through the Motor Insurers’ Bureau (MIB) if the hazard was caused by a driver. It is a bit strange but if muck was put on the road by cows, there is no claim via the MIB but if it came off a tractor, there is.

Follow these tips:

1. Report the hazard to the police. They will tell the authorities and may also attend, depending on circumstances. If they do, get the officers’ names and station details. If they do not attend, get an incident number – you will need this.

2. Take photos of the scene and, if possible, the hazard. Use your mobile phone.

3. Get photos of the damage to your bike and to any clothing. Keep the damaged clothing.

4. Call a friend or a bystander to be a witness. Show them the spill and make sure they can confirm it. If you use a bystander, get their full details – if they are in a vehicle or on a bike, get the registration number.

5. Get legal advice.

Fergus Dalgarno, sorrymate.com