In any accident, even if there are no injuries, the parties must exchange names and addresses (Highway Code paragraph 260). The registered keeper of a motor vehicle ought also to be identified.

If this information is not provided within 24 hours the incident becomes compulsorily reportable to the Police. It is always a good idea to press for insurance details in any event.

An injury accident involving another motorist has to be reported to the Police (Highway Code paragraph 261).

If you have hit a pothole, the council responsible would like to hear from you, but, caution - once the pothole is filled in the evidence has gone.

If you have been involved in a hit and run accident, call the Police immediately. A hit and run - or untraced driver - does not necessarily mean where the vehicle fails to stop. Even if the driver stops, assesses the circumstances and then disappears that too is categorised as an untraced driver.

Try to recall as many details as you can about the vehicle; its make, model, colour and any particulars of the registration number.

As soon as you are able, write down all the events while they are fresh in your mind. Try to do this as soon as you return home or, if you have to go to hospital, ask a friend or relative to write the details down as you remember them.

The reason for this is that in any civil claim there will come into existence documents known as witness statements. These deal not with just the occurrence of the accident but all the consequences of it. These will include additional journeys undertaken by friends, relatives and carers, time spent by these individuals and in helping you and purchases which are made on your behalf.

When a case is presented to insurers the means of communicating the information is a written witness statement. The more detailed that can be the better are the chances of succeeding in a claim and maximising the damages.

Highway Authorities

Claims against Highway Authorities merit a paragraph on their own. Under the Highways Act the Authority has a duty to ensure that highways are in a safe condition for all categories of traffic to pass over.

The theory is simple; the tests that are applied are these:-

  Is the defect in question dangerous?
  Did it cause the accident?

Even if these two hurdles are cleared, the Highway Authority then has a defence provided in the Statute. If it can show that it had in place an appropriate inspection and maintenance regime with which it complied then it can escape liability.

Most local authorities have schemes in place to encourage cycling. Planning departments are increasingly imposing conditions upon planning applications so as to facilitate cycle use. The inclusion of cycling in workplace travel plans is commonplace.

Odd then that cyclists' legitimate claims against highway authorities are amongst the most time consuming to prosecute.

Dangerous is generally understood to mean a defect in the highway which impairs the value or usefulness of the carriageway and provides a safety hazard for road users. A sharp edged depression of 40 mm or greater in depth and extending in any one direction for more than 300 mm may constitute a safety hazard and should be repaired in accordance with individual Highway Authority response time.

 
 

An appropriate inspection and maintenance regime depends upon the category of the road, the speed limit, whether urban or rural and the volume of traffic. The frequency of inspections can be anything from monthly to yearly.

It can be the case that a pothole will remain unattended even if the council allege that an inspection routine has been carried out. For example, if a pothole is obscured by parked traffic then it may not receive the attention it requires.

Clearly the damage to this road in south Cumbria (name and shame!) has not occurred overnight. In fact, it had been in this condition for 12 months.