Mud on the road

[Extra 300 Driver]

If a car slides off the road due to mud on the road left there by a farmer, do you have any claim against the farmer? Some of the roads around here are in a real mess, due to mud and other rubbish left by farmers.

Due they have a duty to clear them up????

[Rawwr]

I imagine there's a point where excessive crud could be considered a hazard but I imagine the reply would be that it's the driver's responsibility to adjust to road conditions.

[stone]

Extra 300 Driver said:

Due they have a duty to clear them up????

Yes !!

[BigGee]

You might have a case against the local authority.

If complaints have been raised with the LA and they have not acted upon them, they could be negligent.

Also if people have complained to the farmer and he has not acted accordingly, there is a possible claim.

Good luck

[agent006]

Don't be so bloody stupid. Look where you're going and stop trying to blame other people for your mistakes.

He said, in a rather nastier way than he meant.

[rmhodv]

Just found this on the web.

Depositing mud/debris on the highway is an offence under Section 148 of the Highway Act.
Where the offender can be identified they can be prosecuted by either the Police or the highway authority.
There is a statutory duty placed on the highway authority to ensure safe passage for all highway uses.
Early intervention by the highway authority and appropriate signing will minimise risk. Please contact the Area Office as soon as possible.
Responsible site contractors will normally provide a wheel wash or similar facility within the site to eradicate the problem at the outset.

Tried to find the Highway Act online, but no joy.

[edc]

How do you prove it was the farmer and not just a farmer? Even if ou could trace the mud to a particular field and identify the owner that land owner might have several people working for him. If it actually got this far who's to say that all the mud or enough of the mud to contribute to an off was laid down by one person?

[MilnerR]

A local contractor was prosecuted for dropping mud all over a road so there is recourse. Its always difficult to proves whose mud it is unless the tracks lead onto private property

[pdV6]

An uncle of mine (a farmer) was prosecuted for not clearing up some mud quickly enough. Don't have the full details, though.

[Extra 300 Driver]

Just to note, I have not smashed my P&J up! I was just wondering!

[heebeegeetee]

just can't help thinking that complaining about muddy roads in the countryside is a bit like complaining about cockrels...

[Extra 300 Driver]

heebeegeetee said:

just can't help thinking that complaining about muddy roads in the countryside is a bit like complaining about cockrels...

Oh, dont get me started on those!

[james_j]

...and a bit like pedestrians crossing the road without looking properly, getting hit by a car and blaming the driver...

[stone]

agent006 said:

Don't be so bloody stupid. Look where you're going and stop trying to blame other people for your mistakes. He said, in a rather nastier way than he meant.

Are you serious

[MilnerR]

Depends on what you define as mud on the road. My parents have had huge tracked diggers on their land as part of a ground survey and the amount of shite that drops off them would need a 4X4 to get over! I'd hate to come round a corner at 40mph and hit a mound of local countryside.

[Coco H]

I drive past an ongoing barn conversion in the country every day.The lorries used for building materials cause loads of mud. Likewise a neighbour is building a house - this leaves the road covered in thick mud.....

[agent006]

stone said:

agent006 said: Don't be so bloody stupid. Look where you're going and stop trying to blame other people for your mistakes. He said, in a rather nastier way than he meant. Are you serious

Serious in what way? If you mean serious that you should not seek to blame the actions of other people for your failure to take account of prevailing road conditions, then yes.

[cptsideways]

I hear the city is ok for keeping your 4x4 clean












I'm being carcastic


Yes they do have a duty to keep the road clean (ish)

[stone]

agent006 said:

stone said: agent006 said: Don't be so bloody stupid. Look where you're going and stop trying to blame other people for your mistakes. He said, in a rather nastier way than he meant. Are you serious Serious in what way? If you mean serious that you should not seek to blame the actions of other people for your failure to take account of prevailing road conditions, then yes.

If you are driving along a country lane and come round a corner at 35mph to find a thick coating of mud on the road can you explain how you would have taken this into account. Your talking crap! Certainly you expect in rural areas for there to be occasional bits of mud at farm entrances etc but is it unreasonable to expect large deposits of mud to be cleared. I'm not talking about compensation culture style claims. Are you honestly saying that if you hit a large patch of thick mud on the road and your car was damaged you would put this down to your own stupidity and having not taken account of prevailing road conditions

[edc]

It's no different to seeing a parked or broken down car in the road. If you can only see it once you have come round the corner then arguably you have gone into the corner too quickly.