MCN

McPint’s wild TT pillion ride

- Andrew Campbell Solicitor and author of the MCN Law column for the last ten years

I was riding along a wet country road in North Wales and was negotiatin­g a bend when my bike lost traction and I ended up in a ditch. I was able to pick myself up and when I went to inspect the road I noticed that the surface had recently been repaired and the seal at the edge of the repair looked much wider than normal – about 3in wide. As I hurt my shoulder and have been off work and losing wages, I was wondering if I can claim for my injury and the damage to my bike?

James, email

A Depending on the type of road, the local council or the Highway Authority are responsibl­e for maintainin­g the surface and all repairs. Authoritie­s often contract this work out but the contractor­s have a duty to make sure the repairs comply with statutory requiremen­ts and repair guidelines.

The seal around a repair is known as overbandin­g and is recognised to be a potential accident risk to motorcycli­sts, particular­ly on longitudin­al joints because it can cause skidding. If it’s wider than

‘Overbandin­g is known to be an accident risk’

20mm, the material used for the overbandin­g is supposed to have a grit-like substance added to provide adequate wet skidding resistance, and it should never be more than 40mm wide or 3mm thick. If you can prove that the overbandin­g did not comply with the requiremen­ts then it would likely be considered a hazard and you may be able to bring a claim against the authority or the contractor­s.

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