Could Budget Cuts Affect Road Safety?

Posted by Malcolm Johnson on

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BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

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The death toll for 2011 was 19 - the lowest number since records began in the 1960s. In 1972, 71 people were killed on Cornwall's roads.  

Under the Highways Act 1980, a local authority is under a duty to maintain the highway.  That duty extends to a duty to ensure so far as it reasonably practicable that safe passage along a highway is not endangered by snow or ice. Breach of this duty, can lead to a civil claim for compensation by someone who is injured as a result. 
In the recent case of AC, DC, TR v Devon County Council [2012] EWHC 796 (QB) a Landrover went into a potholed area by the side of a metalled road whilst going at around 45-40 mph. The occupants of the vehicle suffered serious injuries. 
The court found that Devon County Council should have carried out maintenance inspections on a monthly basis,and their failure to do so caused the accident. They were therefore in breach of their duty under the Highways Act 1980. 

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About the Author

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Malcolm is an Senior Associate in our London office, with nearly twenty years' experience.

Malcolm Johnson
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