diesel spill liability
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Discussion

jimbobsimmonds

Original Poster:

1,824 posts

194 months

Monday 27th September 2010
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hi all.. may be a thread for the law section but thought id throw it in here...

on my way to work at about 6.30 this morning accelerating at a very conservative rate away from a roundabout (still dark and wet so driving with my extra careful hat on) and the traction control had to step in in a major way in 3rd (S60T5, thought my engine was blowing up at first smile) just to stop the wheels cooking...

i pulled over to see what was what and the same thing happened to about 5 other cars as i was there (one 5 series really got out of shape) and saw that there was a st load of diesel on the road; spilled for a lorry or something...

now say this had happened on a corner and myself and the 5 cars behind me had come off the road; who would be liable for this and any damages from a legal point of view? the lorry, me, the council/highways agency?

cheers...

Gizmo!

18,150 posts

238 months

Monday 27th September 2010
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Happened to me coming up to a busy roundabout once. I hit the brakes quite hard, as you do, and instantly locked up. Soiled myself a little, checked there was a gap, cadence braked as much as possible and then just slotted into the traffic, luckily - could have been messy.

What can you do? No way of proving who it was and the highways agency can'tbe expected to go washing the roads. That's what insurance is for, I think... the unexpected.

twazzock

1,930 posts

198 months

Monday 27th September 2010
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I believe the liability would be with whoever spilled the diesel, but proving just who that was might be rather difficult.

nottyash

4,671 posts

224 months

Monday 27th September 2010
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I suppose its your own fault unless you can prove someone has actually spilled it.

It happened ona roundabout near me, a dhead in a truck kept his foot down to get on the roundabout ahead of us and turned left onto the road, however he lost it on a dieso spill and hit some poor lass in a Micra head on.
She had pretty bad injuries, broken legs etc.
We called the Fire brigade and police (To cut her out) and the fire engine arrived but also lost it and went off through the barrier and down a grass bank.
The Police arrived not seeing the Fire engine disapear and said they would be here soon. He didnt believe us when we said they had crashed down the bank, he turned to see firemen climbing up the bank.
It would of been comical had she not been so seriously injured.