Mud On The Road Car Accident Crash, Can I Claim Compensation?
By Olivia Fitzpatrick, Last updated 4th August 2021. 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:
How long do I have to make mud on the road car accident claims?
If you’re considering making mud on the road car accident claims, it’s important that you’re aware of the certain time limits that apply. All personal injury claims have a 3-year time limit within which claimants can make legal proceedings for compensation. If they attempt to make their claim after this time limit has already expired, they risk losing out on their eligibility for compensation.
There are some cases where exceptions can be made to this time limit, however. For example, if a claimant is mentally incapacitated and therefore cannot make a claim for themselves, the time limit is frozen. Once they are able, the time limit will begin to run, giving them the usual 3 years to claim. Alternatively, a litigation friend could claim on their behalf. Once a litigation friend is appointed to their claim, the time limit will apply from that point onwards.
To learn more about the time limit that applies to your case or see whether you could act as a litigation friend on behalf of someone else, please speak to one of our specialist advisors for a free consultation.
Select a Section:
- What is a mud on the road accident?
- What to do if you are involved in an accident caused by mud on the road.
- How to begin a mud on the road car crash accident claim.
- Mud on the road accident at work claims.
- Can I claim for whiplash?
- Who’s liable for mud on the road?
- Mud on the road, what should farmer’s do?
- What can be claimed for after a mud on the road injury?
- The most common types of mud on the road accidents claims.
- No Win No Fee mud on the road car accident claims.
- Why choose us as your claims service for your injury claim?
- Call for free advice and to start a claim
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.
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. This is particularly important as they can be traced with just their car details.
- 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. These could help in proving who was at fault. Also, take any photos you can of your injuries you have sustained. These provide visual proof of the pain and suffering you have experienced.
- 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 recommend 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.
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 regards to making your claim. We will then also ask you some questions as well just so that we have the necessary facts and understanding of your situation.
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.
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 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 of dealing with such claims as this and so will be able to launch your claim getting you the compensation you deserve.
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 causes the muscles in the neck to be torn and stretched.
Symptoms of whiplash are:
- Tightness and reduced movement of the neck
- 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
If you have suffered such an injury, we can help you to claim compensation.
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.
When farmer’s 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.
There are a number of things to take into account that can and should 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.
- Bus accidents
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Cycling or bicycle accidents
All our personal injury specialists work on a No Win No Fee basis. This means that you will not be needed 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.
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.
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.
You can reach our team of specialist advisors using any of the following contact options:
A government guide on any obstructions blocking the road
These two links take you to the government sites that explain what should be done if there is a spillage or obstruction on the roads.
This link takes you to the Health and Safety site that gives details regarding work related road safety.
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.
This leads to The Road Traffic Act 1988.
This is for the NHS guide for whiplash.
This takes you to another one of our guides on general car accident. You may find the extra information on here useful when making your compensation claim.
Follow this link for our guide on how to make a claim for a road traffic accident.
Thanks for reading our guide to mud on the road car accident claims.