By Lewis Hendrix. Last updated 27th July 2023. Welcome to our mud on the road car accident claims guide. Mud on the road can create slippery conditions for cars and other vehicles, causing them to skid or crash. If there is mud on the road due to a spillage, the person who caused it has a legal responsibility to report it to the local authority or Highways England. They, in turn, have a responsibility to clear the spillage. This is to avoid incidents where an accident is caused to a car in mud or another vehicle. According to the Highway Code, if the mud on the road is not reported by the person who caused it, or the local council or Highways England do not clear the mud on the road correctly, the party that fails to act could be held liable for any injuries resulting from a muddy road crash.
If you’ve suffered an injury because a car on mud skidded into you, read on to see if you could claim.
Have you experienced a mud on the road car accident and were you injured as a result? You might be able to claim compensation, for the injuries caused by the crash due to mud on road. Accident Claims UK is a top personal injury solicitors firm, who can help you make your personal injury claim for a mud on the road accident. This guide will advise you on the circumstances under which you can make an accident claim for injuries caused by mud on the road and how to proceed with your claim. We also have a personal injury claims calculator, so you can estimate how much compensation you are owed.
Call Accident Claims UK on 0800 073 8801 to speak to an advisor today.
Select A Section
- What Are Mud On the Road Car Accidents?
- Who Is Liable For Mud On The Road?
- What Should Farmers Do To Avoid Mud On The Road?
- Mud On The Road From Building Sites
- What Should You Do If Mud On the road Caused A Crash You Were Involved In?
- What Can You Claim For After an Accident Caused By Mud On The Road?
- Calculating Mud On The Road Compensation Claims
- No Win No Fee Muddy Road Crash Claims
- Useful Links
A mud on the road accident can occur if there is an excessive amount of mud spilled onto the road. This can make conditions on the road too slippery for car or other motor vehicle tyres to grip properly, causing skids, or worse, a motorist to lose control of their vehicle completely.
What are the common causes of mud on the road?
- Mud on the road from a farm. Farmers can leave mud on the roads if they are using a farming vehicle such as a tractor in a field, then drive it on the road, transferring mud from the field to the road. Bad weather such as rain can make the situation worse.
- Mud on road from building site. Construction mud on the road can occur if a vehicle enters the road from a building site, transferring excessive mud onto the road. Again this can be worsened by bad weather.
- Bad weather. If a road has hills or slopes on either or both sides, bad weather can cause mud to spill off the hills or slopes and onto the road.
- Transportation spillage. If a vehicle is transporting mud, soil or manure, a vehicle spillage can cause road accidents.
Under the Highways Act 1980 it is an offence to deposit mud onto the road. The act gives the Highway Authority the power to close the road if necessary, clean the road and recover the expenses involved in doing so, from the person or business responsible. What’s more, the Highway Act of 1980 also states that under mud on road law in the UK, if anyone is injured due to mud on the road that has caused a crash, the person or party responsible for the spillage will be held liable for any injuries caused and may also be convicted in a criminal court.
Therefore, if by accident or through negligence a person or organisation deposits mud on the road, it is absolutely essential that they report the spillage to the Highway Authority or their local authority immediately, to avoid liability or causing danger to other road users. Of course, farmers, construction workers and drivers transporting mud, earth or manure should take all precautions to avoid spilling mud on the road.
As we have established, farmers can deposit mud onto the road if they have been working in a field and mud is lifted up by the wheels of their tractor tyres, or other agricultural vehicle’s tyres. If they then drive on a public road, the mud can then be spilled onto the surface of the road. The problem of farmers leaving mud on roads can have disastrous consequences. For example, a young man in his early twenties recently suffered leg injuries after he was involved in a motorcycle crash, caused by a farmer leaving mud on the road in North Devon.
When it comes to mud on the road, a farmer’s responsibility can be explained as taking proper precautions to avoid transferring mud onto the road. How can farmers take responsibility to avoid mud on the roads?
Mud on the roads, a farmer’s responsibility explained:
- Investing in proper equipment to handle the problem of mud being transferred.
- Farmers should keep to their own farm roads and minor roads where possible.
- To put up warning signs to alert other drivers of potential mud on the road.
- Drive at a low speed and restrict their journeys to short distances to keep any mud on their vehicle from travelling over the road.
Construction mud on the road can be caused by a vehicle leaving the road from a building site or quarry. Lorries and other heavy vehicles can pick up construction mud and then construction mud can be left on the road. This problem can worsen during the autumn and winter months when the weather is likely to be worse.
How should construction workers avoid leaving mud on the road from a building site?
- Firstly, construction companies should be prepared to provide or hire equipment to avoid having mud transfer from their vehicles to the roads.
- If possible travell off road, or keep to farm roads.
- Construction companies should keep records of whether or not they decided to to deploy signs and/or to clean the road if mud was deposited.
It is an offence to deposit mud onto the road. If builders leave construction mud on the road, accidentally or otherwise, the company is legally obliged to inform the highway authority or local authority at the earliest possible opportunity. If they do not do so and there is a crash due to mud on the road, the builder who deposited the mud on the road from a building site, could be held liable for any injuries caused.
Not all types of mud on the road car accidents could lead to a claim. However, if someone has breached a duty of care they owed you, causing you to suffer injuries, you could be eligible for compensation. Evidence will be needed to support your claim. Here at Accident Claims UK, we could talk you through what evidence could best support your claim. However, we’ve included some general insight below.
Evidence to support a mud on the road car accident claim
Whether a car on mud has skidded into you as a pedestrian or another motorist, it is wise to collect evidence as soon as you are able.
At the scene of the accident, you could collect evidence such as:
- Pictures of the car in mud, and the positions of the other vehicles, as well as other details of the mud on the road car accident, such as weather conditions.
- Pictures of your injuries if possible
- Contact details of witnesses and other motorists involved
- CCTV accident footage
Additionally, your claim could benefit from:
- Evidence that you’ve sought medical treatment after the accident
- An independent medical report, written by an independent medical professional. An appointment could be arranged for you as part of your claim, where necessary.
- Proof of any financial costs and losses caused by your injuries.
If you are unsure as to whether you’d have a valid claim, or you’d like our help with taking a claim forward, why not call our team? We would be happy to help.
If you claim compensation for injuries caused by a mud on the road accident, your compensation payout will be awarded in two parts. The first part of your settlement is usually called general damages. The second part of your settlement will be special damages. This will account for any expenses that you have had to meet as a result of the injuries sustained, or are likely to experience in the future as a result of the vehicle accident.
Special damages often claimed when mud on the road has caused a crash
Medical expenses: You can claim for any medical expenses you have required to treat your injuries, or expenses for future medical treatment you may need.
Transport expenses: This can include expenses for transport to and from the hospital or doctors appointments and alternative transport you may have had to seek, if your injuries left you unable to drive for a period of time.
Loss of income: If your injuries caused you to take time off work to recover, or you had to leave your job entirely, you can claim expenses for loss of earnings and loss of future income. If you were no longer to work in your field because of your injuries, you can also claim expenses for retraining in a new field.
Compensation for care at home: If you have had to pay for care at home as a result of your car accident injuries, you could claim the cost of this care. Similarly if a friend or family member took it upon themselves to care for you, you could claim compensation for them on their behalf, to compensate them for their hard work.
Mobility equipment: If your road traffic accident left you with a disability, you can claim compensation for the cost of any mobility equipment, physiotherapy or adaptations to your home that you may now require.
If you wish to make a personal injury claim for injuries caused by mud on the road, you could be eligible to claim thousands of pounds in compensation. You are likely to be concerned with how much money your compensation payout could be worth. Use our personal injury claims calculator to see how much your claim could be worth. It is based on the average amount of compensation our clients receive for an accident like yours. Use our personal injury claims calculator today to see how much compensation you could receive.
|Type of injury and how serious it is
|Modest injuries of the ankle
|Up to £13,740
|Injuries to the soft tissues. Will heal quickly.
|Moderate injuries of the ankle
|£13,740 to £26,590
|Less serious fractures and more serious soft tissue injuries.
|Severe injuries of the ankle
|£31,310 to £50,060
|More serious than above, might include several fracturs.
|Very Severe injuries of the ankle
|£50,060 to £69,700
|Again much more serious injuries and reduced function of the leg/ ankle.
|Less serious injuries of the leg
|£17,960 to £27,760
|Breaks and fractures which prevent you moving whilst healing.
|Moderate injuries of the leg
|£27,760 to £39,200
|Dislocated parts of the leg, damage to the soft tissues.
|Serious injuries of the leg
|£39,200 to £54,830
|Might include several leg fractures.
|Very or extremely serious injury to the leg
|£54,830 to £87,890
|When you have healed or recoverd there will still be some damage left.
|Severe injury to the leg
|£96,250 to £135,920
|The most extreme or severe injuries will leave your witha permanent disability.
Please note, our compensation calculator is an automated tool. For a personalised estimation of how much compensation you could claim for a mud on the road accident, call Accident Claims UK today. We will give you an accurate estimation, based on your individual circumstances.
If you have been injured as a result of a mud on the road accident, one of our solicitors may be able to help you with your claim, provided you have a valid case. Furthermore, they may offer to work with you under a Conditional Fee Agreement. This is a type of No Win No Fee arrangement and means you won’t have to pay your solicitor any upfront or ongoing service fees. You also won’t have to pay them for their services if your claim fails.
Should your personal injury claim for a muddy road accident succeed, you will pay a success fee to your solicitor. This fee will be deducted from your compensation settlement. There is also a legal cap in place for the percentage that this fee can be.
You can contact our advisors today to receive free advice for your personal injury claim. Should they think you have a strong case, they may connect you with one of our solicitors. To get started, you can:
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Thanks you for reading this guide about mud on the road accident claims.