About Cycling Accidents due to Road Condition
As a cyclist, you are more likely to be affected by road conditions, and good road conditions can tremendously affect how safe your journeys are. Badly maintained roads can result in serious falls, or force cyclists to swerve onto the road leading to accidents if other road users do not provide cyclists with enough space. If you have been involved in a road traffic accident due to the conditions of the road, we highly advise that you contact one of our experienced solicitors at Solicitors On Your Side Scotland, to get the highest possible compensation for your case in the most stress-free way.
Road Maintenance rules in Scotland
The Roads (Scotland) Act of 1984, Section 1, states that:
“A local roads authority shall manage and maintain all such roads in their area”
Common-Law – Duty Of Care
Road authorities have a duty of care under the common law. There is a range of criteria that authorities look at to see if the defendant is liable for the damages, including:
- Was the authority aware of the defect?
- Was the route inspected within assigned timescales?
- Were there similar defects?
- Has there been similar incidents or is the authority aware of similar incidents occurring?
- Did the authority assess, prioritise and maintain the defect following their maintenance strategy?
- Was the defect a risk? And did they give it a priority?
- Did the authorities provide a regular structured inspection of the public road network?
- Did they maintain accurate and comprehensive records or inspections and responses?
- Did they provide a clear, comprehensive response to the claim of the faults in the road?
There is a range of responsibilities that the authorities have to ensure the safety of the roads. They must inspect roads regularly and react to any claims of faults in the road in a reasonable time. If they fail to do so, it can cause accidents for cyclists. If you have been in an accident due to the conditions of the road, w highly advise that you contact one of our experienced solicitors at Solicitors On Your Side Scotland.
What should I do if I have been involved in an accident due to road conditions?
If you have been hurt after an accident due to road conditions, the first thing you should do is ensure everyone is safe and call any emergency services if it is necessary. Afterwards, it is important to gather any necessary evidence such as; photographs, videos and witness reports. If the accident occurred due to bad conditions of the road, we advise taking pictures and videos of the defects to be able to prove that the accident occurred as a consequence of it.
If you would like advice on how to make a cycling accident claim, our solicitors know the process extensively and will provide you with all the necessary information as we provide free initial consultations.
How to make a compensation claim
If you have been involved in a road traffic accident due to road conditions as a cyclist, our experienced solicitors can help you get the highest possible compensation for your case. We advise that evidence is a very important part of any case, and the more evidence you can provide the more likely you are to get higher compensation for your case.
Evidence to include:
- Photographs of the accidents and your injuries
- Videos of the accidents and your injuries
- Witness reports from anyone who could have seen the accident
- Medical Reports
Our experienced solicitors will help you access any necessary medical records to help you get the highest possible compensation for your case.
The time limit for making a claim
We advise that the time limit for making a compensation claim in Scotland is three years since the accident has occurred. We recommend that the earlier you make your claim the better, as the information is fresh in your mind.
How we can help you
Our solicitors can vouch that we have extensive experience in road traffic accidents, we can help you gather the necessary evidence to build a strong case to guarantee you the highest compensation. We will ensure that your process is as stress-free and easy as possible, enabling you to come out with the best outcome for your case.
We know the process thoroughly and can offer free consultations to see how much compensation you may get for your case.
Contact us now!
We know the process thoroughly and can offer free consultations to see how much compensation you may get for your case.
Contact us now. On Your Side, Scotland can offer you free advice and consultations. We can help you on a no-win-no-fee basis. That means there will be no hidden fees.
Contact us today by phoning 0141 648 4428, emailing [email protected], or by using our website by filling out an online form.
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