The highway authorities’ duty to maintain the highway

WINTER weather conditions can play havoc on roads with ice and water producing surface cracks and potholes often leading to damage to vehicles and injury to road users. What recourse do you have if you find yourself the victim of a highway in a dangerous state of repair?

The highway authority is responsible for maintaining highways and ensuring they are safe and accessible for road users. The duties of a highway authority include:

1. Regular inspections: The highway authority must carry out regular inspections to identify any defects, damage or hazards on the road. This includes inspecting the road surface, road markings, drainage, lighting, and other safety features.

2. Maintenance and repairs: If any defects or hazards are identified during inspections, the highway authority is responsible for repairing them promptly to ensure the safety of road users. This includes repairing potholes, replacing damaged road signs, and fixing any other issues that may affect the safety or usability of the highway.

3. Winter maintenance: During the winter months, the highway authority is responsible for keeping the road clear of ice and snow. This includes gritting the road surface and ploughing snow to ensure the road is safe for drivers.

4. Communication with road users: The highway authority must communicate any road closures, diversions, or disruptions to road users in a timely and effective manner. This includes using signs, social media, and other channels to inform road users of any changes or issues affecting the highway.

Overall, the duty of a highway authority is to ensure that the highway is safe, wellmaintained, and accessible to road users. If the highway authority is in breach of its duties you can pursue a claim against them for compensation for your losses.

Photographs showing the highway defect which caused the accident should be taken as soon as possible. You should promptly report the accident to the authority. Always keep receipts to support your losses. Always bear in mind that the burden is on you to prove the fact of the accident and that your losses arise from that accident.

Even if you have proved the accident was a result of the dangerous state of the highway it remains open to the authority to defend the claim on the basis that it had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the claim relates was not dangerous for road users. However the onus is on them to prove, usually by the production of records of inspection and maintenance, that they had a reasonable system of maintenance in place which was properly implemented by competent individuals.

If they are unable to do that their defence will fail. The majority of claims of this nature are settled through negotiation but if that fails the claim can be pursued through the courts. If you are in any doubt as to your position, you would be wise to seek legal advice.

EDWARD LYONS