Your legal questions
Who’s to blame for my gravel crash?
I was riding along a B-road when I suddenly came upon gravel all over the road and lost control. My solicitors wrote to the owners of the house from where it seemed most of their gravel drive had been washed onto the road due to heavy rain. However, their home insurers have responded denying responsibility. They say the insured reported the gravel on the road to the council twice - three hours and one hour before the accident and therefore did all they needed to do and cannot be held accountable. Should I claim against the council instead? Chris Peacock, Hants
It is good news that it is accepted that the gravel emanated from the potential defendant’s driveway. The two potential claims here are against the home owner or against the council. The home owner for allowing the escape of gravel onto the highway and most importantly allowing it to remain there after realising what had happened. The fact that they found it necessary to call the council twice shows they appreciated the danger it presented. They could have called the emergency services or cleared it up themselves, but they didn’t. The council is under a duty to act within a reasonable time frame. In times of flooding they are inundated and have to prioritise jobs. I don’t believe the council will be held liable in this case and I would strongly recommend that you pursue the home owner’s insurer with your claim. Good luck.
‘They could have called 999 or cleared it up themselves’