Car Accident Caused By Mud On The Road How To Claim Compensation? – Mud On Road Claims Guide

By Olivia Teak. Last updated 22nd March 2021. Welcome to our guide on how to make a car accident caused by mud on the road claim.

Mud that has been dragged onto the road can cause the surface to become slippy. As a result, vehicle tyres can lose their grip, leading to road traffic accidents. Have you been injured in a road traffic accident caused by mud on the road? Whether you suffered whiplash, a head injury, back injury, shoulder injury or any other type of injury because of negligence on the part of someone else, you may have grounds to make a personal injury claim for compensation.

If you wish to claim compensation for your injuries, trust Legal Helpline to provide the support you need. We are an experienced personal injury claims advisory service specialising in claims of this nature.

Call us today on 0161 6969 685 for your free road traffic accident claims consultation. We will speak to you in-depth about what happened, advise you on the steps you should take and if we can see that you are entitled to compensation, will provide you with an experienced personal injury solicitor to handle your mud on the road accident claim.

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A Guide To Claims For A Car Accident Caused By Mud On The Road

Why is mud on the road so dangerous? If mud is dragged onto the road or spills onto the road due to adverse weather conditions, it is not just a nuisance, it can be a serious safety hazard. Vehicle tyres may not be able to grip onto the road because of the mud, which may cause vehicles to slip, skid or even crash. 

Who bears responsibility for mud on the road? If a farmer, construction site, or another party spills mud onto the road, they bear the responsibility to report the spillage to their local authority or Highways England. The Highways Act of 1980 states that if those responsible for creating the hazard do not clean it up and an accident is caused by mud on the road, they could be held liable for any resulting injuries.

In this guide, we will provide you with information about how to make a car accident caused by mud on the road claim. We will also advise you on how to make a compensation claim for injuries caused by a car accident on a muddy road. If you have been injured, you may be entitled to compensation.

Call Legal Helpline, or use our online claims form to find out more. If we can see that you are owed road traffic accident compensation for your injuries, we will provide you with a knowledgeable personal injury solicitor to handle your compensation claim.

What Is A Car Accident Caused By Mud On The Road?

A vehicle accident or car accident caused by mud on the road happens if mud is dragged or spilt onto the road. This makes the surface of the road slippery, meaning tyres find it difficult to grip onto the tarmac. As a result, cars and vehicles can skid or collide.

What Causes Mud On The Road?

Here are some common hazards that can result in a car accident caused by mud on the road claim being made:

  1. Farmers can bring mud onto the road if they use a tractor or another vehicle in a muddy field. Is it illegal for farmers to leave mud on the road? Yes. Farmers must take every precaution to avoid transferring mud from fields onto the road. If the farmer does accidentally transfer or spill mud onto the road it is their responsibility to clean it up, or if the spill is beyond their ability to clean, they must report the spilt mud to Highways England or their local authority so spillages can be cleaned and accidents avoided.
  2. Builders leaving mud on the road can also be a problem. For example, if a construction vehicle exits a construction site then leaves mud on the road, this can transfer construction mud onto the road. Excessive rain can worsen the problem of construction mud on the road. In such circumstances, whoever’s responsible should leave signs out warning motorists of the slippy hazard.
  3. Accidents involving transportation vehicles can also cause mud to spill onto the road. If a vehicle is carrying mud, manure, or fertiliser and is involved in a collision, this could cause the cargo to spill onto the road, resulting in a crash.
  4. Bad weather, such as excessive rain and storms, can cause mud to spill onto the road too. If there is a hill or a slope, the mud can fall down the slope onto the road, causing a pile-up.

Mud On The Road Responsibility

The Highways Act 1980 states that depositing mud on the road is an offence. The Highways Act of 1980 enables the Highways Agency to close roads if necessary and fine the business or individual responsible for the cost of cleaning the road. The Highways Act 1980 also states that if mud on the road causes an accident, any individuals injured due to the accident will be able to sue the party responsible. The person or business responsible for the mud on the road accident may also be prosecuted. 

If a person or business accidentally deposits mud onto the road or does so by acting negligently, it is imperative that they do their best to clean up the hazard. If that isn’t possible, they should call Highways England or their local authority. Doing so may avoid an accident and the possibility of them being sued or facing criminal prosecution as a result. If they fail to do so, they could find themselves at the centre of a car accident caused by mud on the road claim.

Farmers Responsibility For Mud On The Road

The problem of farmers leaving mud on the road can have disastrous consequences for motorists and their passengers. For example, in 2017 there was an incident in Devon, where a farmer dragged mud onto the road. The mud caused a motorcyclist to skid, lose control of his bike and collide with a car, resulting in severe leg injuries. The farmer was reported to the police. 

Source: www.devonlive.com/news/devon-news/farmer-reported-mud-road-caused-635080

It is illegal for farmers to leave mud on the road. Farmers can transfer mud onto the road if they are working in a muddy field with a tractor or another type of agricultural vehicle. To prevent mud from being dragged onto the road, they should clean their tyres before exiting the field. 

Do farmers have to clean roads? If a farmer deposits mud onto the road and can clean up the mud themselves, they should do so. They must put up signs to warn motorists. Such signs must be compliant with the Traffic Signs Regulations and General Directions 2016 and should warn motorists of the adverse conditions caused. If the farmer cannot clean up the spillage themselves, farmers should report the hazard to the local authority of Highways England.

If those with a duty of care fail to uphold it, they could find themselves liable for a car accident caused by mud on the road claim.

Construction And Building Site Responsibility For Mud On The Road

Builders leaving mud on the road is also illegal. If construction workers have been working on a muddy site, they must clean the tyres of their vehicle before entering any public road or highway. In the event of builders leaving mud on the road by accident, or doing so through negligence, they must clean up the mud if it is possible to do so.

Whilst cleaning mud off the road, they must warn motorists of the slippery conditions by putting up signs which are compliant with the Traffic Signs Regulations and General Directions 2016. The construction company must report the mud on the road to Highways England or their local authority if they are not able to clean the mud on the road themselves.

My Road Traffic Accident Was Caused By Mud. What Should I Do?

If you are involved in a road traffic accident caused by mud on the road, there are things that you can do at the scene of the accident to collect evidence to support a car accident caused by mud on the road claim. Of course, if you are seriously or critically injured, your first priority should be visiting the hospital to get the appropriate medical treatment that you need. But if you have the opportunity to do so, we recommend taking the following steps:

  • Speak to eyewitnesses, taking note of their names and contact details. They may be able to give testimony to support your accident claim.
  • Take photographs of the hazard that caused your injury. If you can take photographs of the car positioning and tyre marks to prove that your car skidded on the mud, that would be helpful. You should also take photographs of the vehicle that deposited the mud and its license plates, if they are around, or the entrance to any fields or construction sites.
  • If your injuries are visible, take photographs of them.
  • If any other vehicles are involved in your accident, record the brand, model, name and number plate of these vehicles. Exchange contact details with the other drivers, but never sign anything or accept an offer given to you by another driver, their insurance company or lawyer, without consulting your solicitor first.
  • Keep the receipts of any purchases you make relating to your road traffic accident caused by mud on the road, such as tow fees or mechanic fees. You may be able to claim back these expenses and they also may be taken as evidence to support your claim.
  • Go to the hospital or visit a GP to have your injuries treated. Not only will you get the medical treatment you need, your doctor will also write out a medical report which will serve as evidence of your injuries and be used to value your claim.

Work Vehicle Accidents Caused By Mud On The Road

If you have an accident caused by mud on the road whilst driving a work vehicle, this may complicate the matter of making a car accident caused by mud on the road claim. This is because it may be difficult to determine who was the party at fault.

For example, your employer may have not maintained your company vehicle to adequate standards, contributing to your accident. Or they may not have carried out the proper checks to ensure that you are fit and healthy to drive the vehicle. In some cases, both your employer and the party that spilt mud onto the road could be at fault. In such cases, we recommend contacting our advisors for a free consultation.

Whiplash Due To A Muddy Road Accident

Types of injuries that can be caused by road traffic accidents include whiplash, head injuries, back injuries, shoulder injuries and neck injuries. All of these injuries could be compensated as part of a car accident caused by mud on the road claim.

Whiplash is one of the most common types of injuries caused by road traffic accidents. What is whiplash? Whiplash is when a trauma, such as an impact caused by a car accident, pushes a person’s head forward beyond its usual range of motion. This causes the neck muscles to become sprained or strained. 

Symptoms of whiplash can be delayed and may take several hours to become apparent after the accident. Symptoms include pain and stiffness in the neck, shoulders and arms, pain and sometimes muscle spasms. Other symptoms include headaches and the injured person finding it difficult to move their head. Most instances of whiplash go away on their own, but sometimes whiplash needs to be treated with physiotherapy. You can read more about whiplash symptoms in this NHS guide.

If you have suffered a whiplash injury because of a mud on the road accident, trust Legal Helpline to handle your compensation claim. Call us today for free advice and to begin your claim.

Calculating Compensation For A Car Accident Caused By Mud On The Road

If you make a successful car accident caused by mud on the road claim, you will be awarded a compensation package made up of two heads of claim: general damages and special damages.

General damages compensate you for the pain, suffering and loss of amenity you experienced as a result of your injuries. Special damages are designed to reimburse you for any losses or expenses you have incurred, or in cases involving more serious injuries, for any future losses too. . 

You can use our personal injury claims calculator to estimate how much compensation you could be entitled to. This calculator only includes general damages and does not include special damages. It is important to remember that these figures provide just an estimate. The value of each claim is very much dependent on the unique facts of the case. Call Legal Helpline to speak to an advisor to get a more accurate estimate.

Part of body injuredHow serious was it?What settlement may be claimed?Notes
Brain damageModerate£40,410 to £205,580There are brackets within this which look at injuries to the head or the brain. Results of this could include alterations to the personality, the sight, speech or intellect.
Brain damageLess severe£14,380 to £40,410The injured party should be expected to go back to a similar life to that which they had before. They could have some issues wuth their concentration or memory. Not all functions may be recovered.
Injury to the eyesMinor£3,710 to £8,200Injuries to the eye or eyes such as being struck in your eye(s) or exposure to harmful liquids or gases.
Tinnitus or hearing lossPartial£13,970 to £27,890The injured party could have sufered a noise-induced hearing loss or tinnitus. They may also have experienced both of these.
Injury to the internal chest(d)£11,820 to £16,860Whilst there is no internal injury to the lungs, there will be damage to the internal areas of the chest. Lung injuries are separate.
Injury to the digestive systemDamage from a traumatic injury£40,370 to £58,100Such injuries may be severe and could cause pain or levels of discomfort.
Injury to the neckModerate (iii)£7,410 to £12,900Injuries or conditions which you already had in the neck could be made worse or you could suffer a soft tissue injury.
Injury to the backModerate (i)£26,050 to £36,390This bracket of injury to the back could require treatment such as a spinal fusion or similarly associated injuries to the back.
Injury to the shoulderSerious£11,980 to £18,020Injuries such as dislocations (may be serious) as well as injuries to the soft tissues.
Injury to the shoulderSimple fracture£6,190 to £18,020Only includes simple breaks of the bones in the forearm.

Special Damages Which You Could Claim Compensation For

If you make a car accident caused by mud on the road claim for your injuries, you may also be awarded special damages. This will reimburse you for any losses or expenses you have incurred as a result of your accident, or any future expenses you may need. Special damages cover any loss of earnings you have experienced if you had to take time off work to recover from your injuries. If the injuries are serious enough to cause a lasting disability, meaning a change of work is required, you may also be able to claim for loss of future income too. Special damages also include medical expenses, travel expenses, care expenses, mobility equipment expenses, home or car adaptation expenses and reimbursement for loss of income.

How Legal Helpline Could Assist You After A Road Accident

If you have been injured because of an accident that was not your fault, contact Legal Helpline today. We can offer you a free consultation about making a car accident caused by mud on the road claim and can advise you on what steps to take next. If we can see that you have legitimate grounds to claim compensation for your injuries, we will refer you to one of our specialist solicitors who have over three decades of experience handling claims of this nature.

Our solicitors will strive to win you the maximum amount of compensation possible and will guide you through the complexities of the legal process, explaining all legal jargon along the way. And if at any time you have a query or would like an update on your case, your solicitor will never be more than a phone call away. What’s more, our solicitors will give you the opportunity to pursue your case on a No Win, No Fee basis, which we’ll explain in more detail below. 

No Win, No Fee Claims For A Car Accident Caused By Mud On The Road

Legal Helpline can provide you with a solicitor who will give you the option of entering into a No Win No Fee Agreement, also known as a Conditional Fee Agreement (CFA). This means that should your claim be unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.

If your car accident caused by mud on the road claim is successful, your solicitor may ask for a small contribution toward their fees. This is known as a success fee and would be deducted from the compensation you are awarded at the end of the claim. Don’t worry, the success fee is legally capped. No Win, No Fee Agreements offer you maximum financial protection. They ensure that you do not have to pay any fees upfront or during your case, giving you the confidence and peace of mind to pursue justice.  

Call Legal Helpline today to learn more about the benefits of making a No Win, No Fee claim.

Start A Mud On Road Car Accident Claim

To begin your car accident caused by mud on the road claim, contact Legal Helpline today. If you have legitimate grounds to claim compensation for injuries, we will provide you with an excellent personal injury solicitor to handle your claim. Contact us today by calling 0161 6969 685.

Car accident caused by mud on the road claim FAQs

Resources And References

Car Accident Claims – How Much Compensation Can I Claim? – Find out how to claim compensation for a car accident.

How Much Compensation Can I Claim For A Road Traffic Accident? – Find out how to claim for a road traffic accident.

How Much Compensation Can I Claim For A Whiplash Injury? – Information on whiplash injury claim.

External Resources

An NHS Guide To Whiplash Injuries – Information from the NHS on whiplash injuries.

An NHS Guide To Severe Head Injuries – Information about severe head injuries from the NHS.

Thanks for reading our guide on how to make a car accident caused by mud on the road claim.

Guide by HC

Edited by REB