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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48791
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an car accident where the road was neglected of give

Resolved Question:

I had an car accident where the road was neglected of give way markings. No signage. Bad lighting and and road markings all but gone from the road. It was at a small junction. Not a main road. However, through the Freedom of information act I have since established that I am the third person to have a collision at this back street junction in 6 months. Is there any way I can make a claim against the highways department in my town for what was a completely avoidable accident had the road been kept?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Im wondering i can sue the council due to the fact ~i had a road accident

Ben Jones :

There is nothing stopping you from making a claim, but to be successful you need to be able to show that the Council had known about the issues with the road, that they had been made aware of them, that the standard fell below what one would expect from a reasonable Council and that they had been negligent in their upkeep of the roads. Also you must then be able to show that it was the state of the road that caused the accident and that any damage or losses were reasonably foreseeable in the circumstances.

Ben Jones :

So these are the legal requirements for a successful claim in the circumstances

Customer:

Where do i start to make the claim. So far the council have been unresponsive. I have the freedom of information to tell me that there has been two other collisions before mine.

Ben Jones :

Remember that the fact there were two collisions before does not necessarily mean the Council knew about them to be aware that the road needs improving. But how much are you claiming for?

Customer:

Can i make a claim through the small claims court?

Customer:

I would like the excess I paid £250 and two weeks wages for the time I had off work so about £500

Ben Jones :

The small claims could be the way to go to proceed, if you are just after financial compensation then you can claim online via www.moneyclaim.gov.uk

Customer:

How can I found out if the council was or wasnt aware of these collisions? As I have said I have had no acknowledgement from them regarding my letter, email or photographs.

Ben Jones :

Well that could be a potential problem - the FOA you have used could help, or you can ask them directly in court once the hearing proceeds

Customer:

would you advise me to go ahead?. I would also like to petition them to make the road safer. So nobody else would suffer due to this road being neglected.

Ben Jones :

Well I( cannot tell you on whether to sue or not - only you can make that decision, I can only advise you of the law and your legal rights, but how you proceed you will have to decide as you will be the one who is paying the claim fees and pursuing the matter

Customer:

ok. thanks anyway.

Ben Jones :

You are welcome

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