Mud On The Road Car Accident Crash Claim

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Mud On The Road Car Accident – Can I Claim Compensation?

By Mary Hightown. Last Updated 27th October 2022. Welcome to our guide on how to make mud on the road car accident claims. If there is mud on the road due to a spillage or perhaps due to bad weather and it has caused the road to become hazardous, it should be reported to the local council or to Highways England as mud on the road causes car accidents.

Once reported, the relevant authority can arrange for it to be cleared making the road safe again. However, if the person who has caused the spillage fails to report it, or the obstruction has been reported but the local council or Highways England have failed to act on it, and a car accident occurs causing injury, then compensation may be claimed against them.

In this guide, we’ll explain how you could be able to make a personal injury claim if you suffered as a result of your accident. Alternatively, you can contact our team today for a free consultation about your situation and even get connected to our panel of personal injury lawyers:

Select a Section:

What is a mud on the road accident?

To begin our mud on the road car accident claims guide, let’s look at how this type of accident could happen. This refers to an accident involving a vehicle that has occurred due to excessive mud on the road causing the condition of the road to be slippery and so more dangerous. Mud on the road could be due to:

  • Farming traffic bringing mud off of the fields on their tyres and it falling off onto the road. This can be made worse by wet weather.
  • Vehicles entering onto the road from a building site, again bringing mud onto the road via their tyres.
  • Spillage from a vehicle transporting mud.
  • Bad weather causing mud to run down any slopes or hills out onto the road.
  • Heavy-load vehicles that deposit mud onto your windscreen and cause you to lose control.

It would depend on the circumstances as to who would be to blame, but this is something we can help you with as we have years of experience filing road accident compensation claims. The party considered liable for the mud on the road, and, therefore, who you would potentially be able to claim against, will depend on how your accident occurred.

What to do if you are involved in an accident caused by mud on the road

There are a number of steps you should take when making a mud on the road accident compensation claim that can really help to strengthen your case, such as:

  • Witnesses – Try to get as many details as you can of any bystanders and / or witnesses. Having a witness statement can really help your case.
  • Third party details – If there were other people involved, get their details such as name and phone number if you can, but certainly details such as make and colour of their car and the registration number.
  • Photos – If you are able, take photos of the accident such as car positioning, tyre marks, the mud on the road etc. Or if unable to take photos, if you can, try to obtain photos that witnesses may have taken. Also, take any photos of the injuries you have sustained.
  • Medical report – Make sure you see a medical professional to get your injuries assessed and documented. A report will be made that will not only list your injuries but will include recommended treatment and expected recovery time. This will be very useful in determining the amount of compensation you could receive.
  • Proof of expenses – Keep any proof of costs that you may have incurred as a direct result of the accident and the injuries you have sustained. These would include prescription fees, travelling costs, counselling costs and so on.

How to begin a mud on the road car crash accident claim

If you have been in an accident due to a mud on the road caused crash and have suffered an injury as a result, you will be entitled to make a claim if there is somebody at fault. To get help with this, you just need to ring us and speak to a member of our professional team.

When you call us, we will offer you a free consultancy session where you can ask as many questions as you need to with regard to making your claim. We will then also ask you some questions as well just so that we have the necessary facts about your situation. This will give us a better understanding of how the car accident caused by mud happened.

Once you are happy that we have answered all of your questions, and we are sure that you have a case, we will start to launch your compensation claim.

All our specialist claims solicitors work on a No Win No Fee basis and so there is absolutely no initial financial outlay for you and no unexpected bills. You won’t be required to pay any legal fees unless your case is a success.

Sometimes a local medical needs to be arranged. It is nothing to worry about, we would arrange this for you at a clinic local to you and it wouldn’t cost you anything, but of course, we can discuss this during your free consultation.

Mud on the road accident at work claims

If you sustain an injury whilst at work due to having a mud on the road accident, then you can make a claim. Proving who is at fault may be quite tricky, but we can help you with this.

Initially, checks will be made to make sure your employer isn’t at fault due to negligence, such as not ensuring the vehicle you were driving was fit for purpose. Understandably though, employers cannot be held responsible if they have followed protocol on their end as there will always be risks associated with driving no matter how prepared or careful you are.

Therefore, the next thing to consider is the cause of the mud on the road, for example, was a farmer at fault, or a building site owner, or maybe the local authority or Highways England.
This is where our expertise in personal injury claims is needed. We have years of experience in dealing with such claims as this and so will be able to launch your claim getting you the compensation you deserve.

Can I claim for whiplash?

In short, yes. Whiplash is a common injury caused by car accidents. It is when the neck and head are forced backwards and then forwards with speed and force causing extreme stress to the cervical spine and so then causing the muscles in the neck to be torn and stretched.

Symptoms of whiplash are:

  • Tightness and reduced movement of the neck
  • Tenderness
  • Pain and stiffness in the neck when trying to look around
  • Pain is experienced when moving your head side to side or backwards and forwards
  • Headaches that start at the base of the skull and move upwards towards the forehead

Please remember, however, that if you’ve suffered whiplash due to a car accident caused by mud, you may need to claim through a different method. If you’re a driver or passenger over 18 and your injury is worth £5,000 or less, you will need to claim through an online portal. This claim method has been established in the Whiplash Reform Programme. 

If you’re unsure about how much your injuries are worth, please call us for free legal advice. We can provide a second opinion regarding your claim and how much we think you can receive.

Who’s liable for mud on the road?

In general, it is the duty of the local council or Highways England to make sure roads are clear and safe to drive on.

If there is a spillage or an obstruction of mud on the road, then it is required to be reported so the relevant organisations can clear it and make the road safe again to use. By acting quickly on reports of spillages or obstructions, the chances of accidents occurring are greatly reduced.

If however, a report had been made but the local council or Highways England failed to act upon it, then it would be highly likely that they would be liable for any subsequent accidents.
But if a spillage or obstruction such as mud has occurred and it has not been reported, then those responsible would be liable.

For example, if a farmer leaves mud on the road that has fallen off of the wheels of his tractor, and does not report it, then he / she would be liable for any mud on the road caused crash that could occur. A responsible farmer however would report it immediately.

Proving who is at fault for mud on the road:

Proving who is at fault and who should be held liable for your injuries should be straightforward but unfortunately, it’s not usually as easy as that. It would depend on the circumstances of the accident, which road users were involved and how the mud came to be on the road in the first place.

However, you don’t need to worry as we have had lots of experience of dealing with mud on the road accident compensation claims, and know how to get to the bottom of who’s to blame. Just give us a call and we can start to look into it on your behalf.

Mud on the road – what should farmers do?

When farmers have to go on the public road, there are guidelines that they should follow. These are:

  • Where possible, they need to keep to their own farm roads or minor roads.
  • To alert other drivers of the potential for mud on the road, they should put warning signs up.
  • They need to be prepared to hire equipment.
  • To help retain mud on the vehicle, they should travel at low speed especially on short distances.
  • They should keep an account of their decisions as to whether they are going to put warning signs out or clear the road, stating the reasons for their decision.

Car Accident Injuries Claim – Calculating Compensation For Injuries Due To A Muddy Road

If you’ve been injured in a car accident caused by a muddy road, you may have grounds to claim compensation if you can prove your injuries were caused by negligence. Your car accident injuries claim could comprise both general damages and special damages.

General damages seeks to compensate for the pain and suffering caused by your injury. This could include both physical suffering and psychological injuries. How much compensation you receive under this head of claim could depend on various factors. For example, the severity of your injury and any related loss of amenity can influence your potential payout.

Solicitors also use compensation amounts from the Judicial College Guidelines (JCG) as a guide in determining the value of claims. The table below contains compensation amounts from the 2022 edition of the JCG. These figures are just guides and do not represent how much compensation you might actually receive.

Special damages, on the other hand, compensate for any financial losses you incur because of your injury. Special damages is discussed in greater detail in the next section of this guide.

Edit
Type of Injury Severity Bracket of Compensation Features of Injury
Brain Moderately Severe (b) £219,070 to £282,010 The injury will leave the injured person severely disabled with a constant need for professional care. Disabilities can include limb paralysis and a marked impairment on mobility and personality.
Brain Moderate (c)(i) £150,110 to £219,070

 Moderate to severe intellectual deficit, with an effect on their senses, sight and speech as well as a change to their personality.
Brain Moderate (ii) £90,720 to £150,110 Their ability to work is greatly reduced, there is an intellectual deficit created (from moderate to modest) and there is some epilepsy risk.
Post-Traumatic Stress Disorder Moderately Severe (b) £23,150 to £59,860 Significant disability will be created for the foreseeable future. It will greatly impact their relationship with friends and family as well as their ability to deal with everyday life.
Hand Serious (e) £29,000 to £61,910 Injuries like this will reduce the hand to around 50 per cent capacity.
Arm Less Severe (c) £19,200 to £39,170

 Significant disabilities will be created by the arm injury. However, recovery to a substantial degree will either be expected or will have already occurred.
Leg Severe (iii) £39,200 to £54,830 Comminuted or serious compound fractures or joint or ligament injuries causing prolonged treatment, instability and a large period of non-weight-bearing.
Leg Less Serious (iii) Up to
£11,840

 Simple Tibia or Fibula fractures with no complications.
Hand Less Serious (g) £14,450 to £29,000 Significantly impaired hand function will be caused by the injury.
Knee Moderate (i) £14,840 to £26,190 Dislocation leading to wasting, weakness and minor instability.

Please remember that the amount you could receive can differ from the amounts in this table. This is because every case is unique. 

What can be claimed for after a mud on the road injury?

You could also claim special damages, which relate to the financial losses caused by the injury. There are a number of things to take into account that can be included in your claim as special damages, such as:

  • Medical Bills – Any costs that you have due to the result of your injury, you can claim for. So any prescription fees, counselling costs and such like, can be included.
  • Travel Expenses – Any costs of travelling to and from the hospital, any vehicle adaptions and any alternative travel costs would be covered.
  • Care Claim – If you have had to have assistance around the house while you recover, the person who has cared for you can file a claim.
  • Loss of Earnings – This refers to any loss of income incurred as a direct result of the injuries sustained and also covers the loss of any potential future earnings.
  • General Damages – This refers to the amount of compensation you will receive that reflects the pain and suffering you have experienced.

The most common types of mud on the road accidents claims

No Win No Fee mud on the road car accident claims

All our personal injury specialists work on a No Win No Fee basis. This means that you will not need to pay anything until your claim is made successful and your compensation will easily cover the cost. However, if your claim wasn’t successful, you wouldn’t have to pay us anything at all.

Making any sort of injury claim due to an accident can be a long, drawn-out process and if you choose to work with a solicitor who is paid by the hour, you could find yourself with some large legal fees without any guarantee that compensation will get paid.

With No Win No Fee, you really have nothing to lose, there is no financial gamble with us. As our payment relies on your compensation claim being successful, we will work all the more harder to ensure the maximum amount of compensation is paid out to you.

Why choose us as your claims service for your injury claim?

We are a professional, friendly and highly experienced injury claims firm. We do our best to achieve the largest compensation payouts that our clients deserve in the most efficient and thoughtful manner possible.

We have been in the personal injury claims industry for many years and have had thousands of extremely successful personal injury claims with maximum compensation payouts, and with our expert solicitors help and guidance, your claim will be a success too.

We are honest and reliable and always put our clients first. Our reputation really does speak for itself.

Call for free advice and to start a claim

If you have been involved in an accident due to mud on the road and want to make a claim or have any questions, all you need to do is contact our team. Your call will be answered by a member of our professional team who will be more than willing to help you in any way possible. They can talk you through the claiming process so you have a better understanding of what’s involved and how to get started.

We are a friendly and professional team and will treat you with importance and be empathetic to your situation. You can relax in the knowledge that we will fight your corner for you and do all that we can to get the maximum compensation amount that you deserve. We also won’t waste your time – we will tell you in just one phone call if we think you’re eligible to claim for a car accident caused by mud on the road.

You can reach our team of specialist advisors using any of the following contact options:

Useful Links

Report an obstruction on the road

A government guide on any obstructions blocking the road

Report a spillage on the road

This link takes you to the government sites that explain what should be done if there is a spillage or obstruction on the roads.

HSE Road Safety

This link takes you to the Health and Safety site that gives details regarding work-related road safety.

Information about vehicle insurance if you’re in an accident

This is for the government’s site that explains all about vehicle insurance and what you should do if you have an accident whilst driving.

Road Traffic Act 1988

This leads to The Road Traffic Act 1988.

NHS information on whiplash

This is for the NHS guide for whiplash.

We also have some other guides on car accident claims that you may find useful:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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