Road conditions
Highways Authorities also have duties to road users to ensure that roads are kept in a safe condition. As we all know, adverse weather conditions can make driving extremely hazardous.
In the case of Goodes v Sussex, Mr Goodes was driving his car at about 7.10am on a November morning a few years ago. He skidded on ice and lost control of his car. He suffered very serious injuries when the car came off the road.
East Sussex County Council, in response to a frost warning received at 11.45pm the previous evening, had ordered pre-salting of the road network to begin at 5.30am. However, the gritting vehicle covering that particular area did not arrive until fifteen minutes after the accident.
Mr Goodes sued East Sussex County Council for personal injuries, saying they should have got the gritting lorries out earlier. He lost; so he appealed and won. East Sussex then appealed and they won. The House of Lords said that Councils were only under a duty to ensure that the fabric of the road was in a good state of repair. There was no duty to prevent or remove the formation of snow or ice.
That was the state of the law until October 2003 when a new power to force councils to grit their roads was finally introduced. Councils must now "ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice".
So drive safely in snowy and icy conditions, and if you do have an accident, consult specialist personal injury solicitors who are up to date with our ever changing law on this subject.