Now, this may seem bizarre, but there has been an increase in the road traffic accidents which are caused by either no road markings or faded road markings.
The maintenance of the roads and road markings are usually the responsible of the local highways authority and therefore an accident caused by lack of or insufficient road markings would normally be directed to them.
Under the Road Traffic Act 1988 the road must be reasonably safe to its users. If the road markings, or lack thereof, has caused an accident then the highway authority has not carried out its duty to the proper standard. The Highway authority must institute a proper system of inspection and maintenance of the carriageway and ensure there are sufficient warning signs or other items to warn the public and road users about the hazard caused by the defective carriageway.
The most common accidents involving the lack of or faded road markings usually include the claimant’s vehicle not coming to a stop when it should. Road markings more or less control the roads and provide road users with specific instructions or warnings.
Chaos is caused if these are not present or sufficient. Another example is markings that do not properly indicate a turn in the road with a junction straight ahead. If you are driving the road you are on turns at a 90 degree angle, and there happens to be a road that goes straight on but is classed as a new road, and the markings (like the centre lines and the Give Way signs at the new road) don’t show this, you may well go straight on and a car correctly proceeding may hit you from the side as they turn the corner. If you don’t know the area too well, this could easily happen…
Although these types of accident cause the largest danger to the occupants of the vehicle and other vehicles around, there is also a large risk to pedestrians when vehicles do not stop when they are supposed to. Pedestrians also need to take note of road markings, as they provide instructions and warnings them just as much as vehicles in many instances.
There is some investigative work to carry out on this type of claim. It has to be proven that the highway authority failed in its duty to inspect and maintain the highway. This is usually done by obtaining all manner of inspection and repair documents from the highway authority.
However, these types of claims are not always straight forward and negligence on the part of the highway authority is not always clear. Therefore it is imperative that you trust in a firm of solicitors that can fight for every penny of compensation you deserve – like us here at The Injury Lawyers.
If any of the above sounds familiar and you have been injured as a result of dodgy road markings, then please call our claims line for further advice.
Claims Line: 0800 634 75 75
