Can my local council be held liable for not gritting public roads?
Highways authorities are responsible for nine out of every 10 miles of road – about 225,000 miles throughout the United Kingdom. In England and Wales there are a total of 174 highways authorities and, on average, they grit approximately 41% of their roads.
Road traffic accidents increase during the winter months for a variety of reasons:
less daylight
roads become wet and slippery
cold weather spells cause ice and snow to build up on roads
As a result of the recent driver shortages, concerns have been raised over the availability of drivers to grit the roads during the winter months.
Under the Highways Act 1980 (England and Wales) Section 41(1A) states –
"a highway authority is under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice."
Section 150 puts a responsibility on the highway authority to clear snow from the highway, but only if it is causing an obstruction.
In the recent case of Michael Smithson v Bradley Lynn (1) North Yorkshire County Council (2) the High Court has held that a local authority failed to take ‘reasonably practicable’ actions to remove ice on a section of road known for collisions.
North Yorkshire County Council had received two separate requests from police to grit the area, however failed to do so. As a result, a car collided with a tree, causing injury to the passenger. Whilst the negligent driver had been travelling at excessive speeds for the weather conditions, the council was held to be two thirds liable for the injuries sustained by his passenger.
In this particular case, there were four other incidents in the vicinity of the accident location, both on the night of the accident and the previous evening. After two of the incidents, the police had requested the council to grit the roads, however the requests were refused. After the third incident, the attending PCSO placed two "Police Slow" signs to warn motorists.
The council denied any liability for the incident.
The defendant driver argued it was reasonably practicable to spot grit that night, and that the council had a statutory duty to ensure safe passage was not endangered by ice and snow subject to reasonable practicability.
The expert for the defendant opined that an inspector should have been sent to examine the condition of the road after the police’s request. The council’s expert disagreed, contending it was very unlikely that any highway authority would send an inspector out of hours. If any negligence did lie with the council, then it argued that substantive responsibility for the accident lay with the defendant who it is alleged was driving at 50mph (which was considered excessive in light of the weather conditions), the fact there was appropriate signage to warn drivers of the bend, and the "Police Slow" sign.
Ultimately the court concluded in its judgment that the council had failed to prove it had done what was reasonably practicable. The Judge therefore found that the council was in breach of its duty under s41 (1A) of the Highways Act 1980.
This case helpfully demonstrates that if a collision occurs as a result of icy road conditions, it may be possible in certain circumstances to bring a legal claim for compensation in respect of the resulting injury, if it can be proven that the council negligently omitted to make the road safe for road users.
It is worth noting, that gritted roads can still pose a danger. Some roads may still be icy even after they have gritted for a number of reasons; it takes time for the salt to take effect; if the road surface temperature drops below -7C gritting is less effective, and if it drops below -15C, gritting does not work at all; strong winds or heavy rain can also take the salt off the road.
And remember, across the UK on average, only 41% of roads are gritted. Many roads are simply too narrow or too steep for gritting lorries to navigate. Instead, councils try to find other solutions like supplying local grit bins for residents, liaising with parish councils and community groups to grit more residential or remote areas, and working with farmers to clear rural areas.
If you have been injured in a road traffic accident, compensation could be vital to help you to get your life back on track. Our personal injury solicitors are experts in road traffic accident cases and can help you to recover loss of earnings, for example, and help you to access treatment and rehabilitation to ensure you are given the best chance of a achieving a good recovery.
In most cases, you have a period of three years from the date of the accident to make a claim. Pursuing a claim takes time, so start the process early by talking to a specialist personal injury solicitor who will give you the best chance of getting the support you need.
As road traffic accident specialists, we are here to support and advise if accidents have occurred, but prevention is better than cure - we would rather see you take steps to minimise risk in the first place. The Royal Society for the Prevention of Accidents, (RoSPA) has a winter driving factsheet available on its website at www.rospa.com which has useful tips for staying safe on the roads.
Our personal injury solicitors can offer you a free initial interview. Contact Ruth today on 01522 515597 or email her: ruth.craven@wilkinchapman.co.uk
Contact Ruth to discuss this further.
