McPint: ‘Riders should open up when they’re on the grid’

‘Judges would not want to deter gritting lorries’

On Saturday morning I had a low speed accident on a roundabout which had been heavily gritted because of winter weather. The front wheel went from under me half way around and I believe it was because of the grit causing me to lose control. Although it was dry, it was a bit frosty out. Would it be silly to try to claim any sort of compensation from the local authorities/council? I know it is not a road defect or diesel patch as such and if the grit wasn’t there it would probably be a safety issue, so I am just wondering where I stand on this one.

James, Carlisle

AUnfortunately you are going to struggle to succeed with a claim against the local authority for this accident. The very reason the gritting vehicles are deployed is to protect road users from treacherous icy conditions. From a public policy perspective, judges are not going to allow such a claim to succeed because it could deter the gritting lorries from attempting to make the roads safe for fear of a claim against them. That would be in nobody’s interest, as we would all then risk driving on icy road surfaces during winter.

The only conceivable way you could succeed in this claim would be to argue that they were negligent in depositing too much grit – and I literally mean piles of the stuff – and I strongly suspect this was not the case. I am afraid I don’t see much prospect of a successful compensation claim.

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

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