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Can I Claim For An Accident Caused By Mud On The Road?

By Jade McCoy. Last Updated 27th June 2024. Welcome to our guide on how to make mud on the road car accident claims. If there is mud on the road due to a spillage or perhaps due to bad weather and it has caused the road to become hazardous, it should be reported to the local council or to Highways England as mud on the road causes car accidents.

Once reported, the relevant authority can arrange for it to be cleared making the road safe again. However, if the person who has caused the spillage fails to report it, or the obstruction has been reported but the local council or Highways England have failed to act on it, and a car accident occurs causing injury, then compensation may be claimed against them.

In this guide, we’ll explain how you could be able to make a personal injury claim if you suffered as a result of your accident. Alternatively, you can contact our team today for a free consultation about your situation and even get connected to our panel of personal injury lawyers:

A close up of a care tires driving through mud

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Can I Claim For A Car Accident Caused By Mud On The Road?

The simple answer is yes. You can claim compensation if you have been injured in a car accident caused by mud on the road, although some context is required. 

Any party that is at risk of leaving excess mud on the roads needs to adhere to the Highways Act 1980. 

Specifically, Section 137 of this act states that it is an offence to, without lawful excuse or authority, wilfully obstruct the highway and prevent others of free passage. Section 148 also states that it is an offence to deposit anything on the roads and interrupt other road users without lawful excuse or authority. 

Furthermore, Section 149 states that the local highway authority, such as a local council or Highways England, could make a responsible party to remove anything that they have deposited on the roads if it is a “nuisance”. 

For example, if a construction company or a farmer deposits mud on the road but does not clear it up, they could be liable for any injuries or damage if a road traffic accident occurs from this. 

If you have been injured in a car accident because there was mud on the road, please contact us today. Our advisors can chat with you for free about your situation. 

Proving who is at fault for mud on the road

Proving who is at fault and who should be held liable for your injuries should be straightforward but unfortunately, it’s not usually as easy as that. It would depend on the circumstances of the accident, which road users were involved and how the mud came to be on the road in the first place.

However, you don’t need to worry as we have had lots of experience of dealing with mud on the road accident compensation claims, and know how to get to the bottom of who’s to blame. Just give us a call and we can start to look into it on your behalf.

Examples Of Car Accidents Caused By Mud On The Road

Here are some examples that show how injuries can potentially be suffered due to the deposit of mud on the roads:

  • A farmer left mud on the road and another road user reported it to the local council. The local council orders the farm owner to clear up their deposited mud, but they refuse. A passing motorist loses control of their motorbike due to this deposited mud, and crashes into the back of another vehicle as they cannot stop. This incident leads to broken bones and soft-tissue injuries being suffered.
  • Contractors and construction companies have the responsibility to clear up any debris that they leave on public roads. However, a construction company left mud on the road and failed to clean it up or leave a warning sign to warn other road users of the hazard. Because they failed to do this, a road user swerved to avoid the mud pile and crashed into a railing on the side of the road. This leads to that road user suffering a head injury and whiplash.
  • A telecommunications company pulls up the ground in order to replace broadband cables while they are working. The workers of this company allow the dirt to pile up. A road user, from the dirt on the road, skids and crashes, leaving them with a spinal cord injury.

Give us a call today to confirm whether you are eligible to make a mud on the road accident claim.

What To Do If You Are Involved In An Accident Caused By Mud On The Road

There are a number of steps you should take when making a mud on the road accident compensation claim that can really help to strengthen your case, such as:

  • Witnesses – Try to get as many details as you can of any bystanders and / or witnesses. Having a witness statement can really help your case.
  • Third party details – If there were other people involved, get their details such as name and phone number if you can, but certainly details such as make and colour of their car and the registration number.
  • Photos – If you are able, take photos of the accident such as car positioning, tyre marks, the mud on the road etc. Or if unable to take photos, if you can, try to obtain photos that witnesses may have taken. Also, take any photos of the injuries you have sustained.
  • Medical report – Make sure you see a medical professional to get your injuries assessed and documented. A report will be made that will not only list your injuries but will include recommended treatment and expected recovery time. This will be very useful in determining the amount of compensation you could receive.
  • Proof of expenses – Keep any proof of costs that you may have incurred as a direct result of the accident and the injuries you have sustained. These would include prescription fees, travelling costs, counselling costs and so on.

Car Accident Injuries Claim – Calculating Compensation For Injuries Due To A Muddy Road

If you’ve been injured in a car accident caused by a muddy road, you may have grounds to claim compensation if you can prove your injuries were caused by negligent actions from a responsible third party. If your mud on the road accident claim is successful, there could be two heads of loss which make up your settlement. These heads of loss are general damages and special damages.

General damages seeks to compensate you for the physical and psychological pain and suffering you’ve endured from a car accident caused by a muddy road. How much compensation you receive under this head of claim could depend on various factors. For example:

  • The severity of your injury.
  • Loss of amenity. 
  • Your recovery time. 

You will also be asked, most likely, to have an independent medical assessment during the process of your claim. The medical reports from this assessment, along with the guidelines from the Judicial College (JCG), can help determine the value of general damages. 

Within the JCG are guideline compensation values for a variety of different physical and psychological injuries. 

Compensation Table

In this table, we have included some injuries that might be suffered after a car accident caused by a muddy road. Except for the first figure and last two figures, all figures within this table are the JCG’s.

Please remember that the amount you could receive can differ from the amounts in this table. This is because every case is unique. 

Type of InjurySeverityBracket of Compensation
More than one serious injury with financial costsSeriousUp to £750,000+
Brain DamageModerately Severe (b)£267,340 to £344,150
Moderate (c)(i)£183,190 to £267,340
ArmSevere (a)£117,360 to £159,770
LegSevere (b) (ii)£66,920 to £109,290
Moderate (b) (iv)£33,880 to £47,840
KneeSevere (a) (iii)£31,960 to £53,030
One or more whiplash injuries with one or more psychological injuriesLasting between 18-24 months£4,345
One or more whiplash injuriesLasting between 18-24 months£4,215

Special Damages

While general damages are always given in a successful road traffic accident claim, special damages are only sometimes given. 

Special damages seeks to compensate you for the financial losses you’ve incurred from a car accident caused by a muddy road. There are a number of things to take into account that can be included in your special damages, such as:

  • Medical bills – Any prescription fees, counselling costs, etc.
  • Care costs– If you have had to have assistance around the house while you recover.
  • Loss of earnings – This refers to any loss of income incurred as a direct result of the injuries sustained and also covers the loss of any potential future earnings.

To increase your chance of being compensated for special damages, please keep any proof you have, such as receipts, bank statements, payslips, and invoices. 

Please contact us to learn more about how compensation for successful road traffic accidents claims are calculated. 

The Whiplash Reform Programme

The Whiplash Reform Programme affected how certain claims are made in England and Wales for road traffic accidents. You will need to make your claim via a different avenue if:

  • You are aged 18+.
  • Were injured as a passenger or driver of a vehicle.
  • You suffered injuries valued as £5,000 or less, such as whiplash.

Your injuries will also now be valued in line with the fixed tariff within the Whiplash Injury Regulations 2021. 

Please ask our advisors to learn more about claiming for whiplash injuries.

No Win No Fee mud on the road car accident claims

All our personal injury specialists work on a No Win No Fee basis. This means that you will not need to pay anything until your claim is made successful and your compensation will easily cover the cost. However, if your claim wasn’t successful, you wouldn’t have to pay us anything at all.

Making any sort of injury claim due to an accident can be a long, drawn-out process and if you choose to work with a solicitor who is paid by the hour, you could find yourself with some large legal fees without any guarantee that compensation will get paid.

With No Win No Fee, you really have nothing to lose, there is no financial gamble with us. As our payment relies on your compensation claim being successful, we will work all the more harder to ensure the maximum amount of compensation is paid out to you.

Why choose us as your claims service for your injury claim?

We are a professional, friendly and highly experienced injury claims firm. We do our best to achieve the largest compensation payouts that our clients deserve in the most efficient and thoughtful manner possible.

We have been in the personal injury claims industry for many years and have had thousands of extremely successful personal injury claims with maximum compensation payouts, and with our expert solicitors help and guidance, your claim will be a success too.

We are honest and reliable and always put our clients first. Our reputation really does speak for itself.

Call for free advice and to start a claim

If you have been involved in an accident due to mud on the road and want to make a claim or have any questions, all you need to do is contact our team. Your call will be answered by a member of our professional team who will be more than willing to help you in any way possible. They can talk you through the claiming process so you have a better understanding of what’s involved and how to get started.

We are a friendly and professional team and will treat you with importance and be empathetic to your situation. You can relax in the knowledge that we will fight your corner for you and do all that we can to get the maximum compensation amount that you deserve. We also won’t waste your time – we will tell you in just one phone call if we think you’re eligible to claim for a car accident caused by mud on the road.

You can reach our team of specialist advisors using any of the following contact options:

Useful Links

Report an obstruction on the road

A government guide on any obstructions blocking the road

Report a spillage on the road

This link takes you to the government sites that explain what should be done if there is a spillage or obstruction on the roads.

HSE Road Safety

This link takes you to the Health and Safety site that gives details regarding work-related road safety.

Information about vehicle insurance if you’re in an accident

This is for the government’s site that explains all about vehicle insurance and what you should do if you have an accident whilst driving.

Road Traffic Act 1988

This leads to The Road Traffic Act 1988.

NHS information on whiplash

This is for the NHS guide for whiplash.

We also have some other guides on car accident claims that you may find useful:

Thanks for reading our guide to mud on the road car accident claims.