Road Defects
Motorcyclists are particularly vulnerable to road surface defects and a sudden loss of control caused by overbanding or potholes can lead to catastrophic injury.  Many motorcyclists are left wondering where the blame lies.  At Digby Brown we have acted for numerous motorcyclists involved in non or part fault accidents as a result of road surface defects.
 
Overbanding

To read about a client's experience of overbanding click here

The word “overbanding” is often used in a narrow technical sense to describe thermo plastic material which temporarily covers road markings during roadworks.  The more commonly used label is applied to any seal particularly along the joint where a patch of road surface has been repaired.

To succeed in an overbanding case, fault and negligence must be established against the Roads Authority or Company responsible for the re-instatement or temporary works.

You should:-

• Inform the local police as soon as possible
• Report the defect to the Local Authority 
• Take photographs of the defective road surface
• Take measurements of the width of the offending seal 
• Note personal details of any local witnesses who can confirm existence of the defect

In cases of overbanding it will be necessary to obtain a report from an expert in road safety (civil engineer). It will also be necessary to show that the motorcyclist did everything possible to avoid the hazard and the riding position was that of a reasonable motorcyclist.  Once again this may well require expert testimony.

Potholes & Sunken Drains

To read about a client's experience of a sunken manhole cover click here

There is a statutory duty laid down under the Roads (Scotland) Act 1984 placing a duty on relevant roads authorities to maintain public roads in good repair.  To establish a claim against the roads authority, it is necessary to show that they have failed in their statutory duty to maintain the roadway.  To succeed it is necessary to establish:-

1. That the road is a public road
2. That the defect is actionable; and
3. It was known of by the roads authority and/or had existed in that state for a particular period.

You should:-

•    Take photographs to show the extent of the defect
•    Take measurements (width and depth)
•    Inform the Local Police as soon as possible
•    Inform the local council as soon as possible of the defect and keep a record
     of the individual you spoke to
•    Obtain details of witnesses who can confirm the period of time the defect had
     existed prior to the accident
•    Try and obtain a Site map to show the precise location of the defect

If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0845 273 2323 or complete an Enquiry Form .