When a spillage on a road causes an accident, it is often difficult to determine who was responsible for the hazardous conditions. In a recent case, however, a motorist who was injured in an accident caused by farm waste on the road won compensation of £20,500.
The accident occurred after the motorist drove around a blind corner and ran into a patch of mud and manure that had been dropped from a vehicle from a nearby farm. The driver lost co
ntrol of his car, which skidded off the road and overturned.
The driver, who had been knocked unconscious, was taken to hospital, where he was found to have sustained knee and ankle injuries as well as a badly fractured wrist. After receiving treatment for his injuries, he underwent physiotherapy, but still suffers ongoing problems. He also has flashbacks to the accident and has developed a travel phobia.
The farm owners initially denied any liability for the accident, even though the motorist had been driving within the speed limit and no sign had been put in place to warn motorists that the condition of the road ahead was hazardous. They later made an offer of compensation, but this was rejected as not being commensurate with the seriousness of the motorist’s injuries.
Once court proceedings had been commenced, however, a revised compensation o ffer was made and accepted.
In a case last year, a cyclist who was injured after getting stuck in farm waste received an undisclosed amount in compensation from the farmer.
The cyclist had returned to the scene of the accident and took pictures of the waste on the road for use as supporting evidence in his personal injury claim.
In court, the judge was shown the photographs and found the farmer liable for the cycli st’s injuries.
Contact us if you would like advice on how to make a personal injury claim. It is important to take advice promptly as there are time limits that apply when making a claim for compensation.