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Road Surface Defect

At Motorcycle Law Scotland, we understand the impact a defective road surface has on your ability to handle your machine - an understanding we have gained through regularly riding motorcycles on the open road and in the towns and cities of Scotland, where we encounter exactly the same problems as every other motorcyclist on our roads network.

Road Surface DefectMotorcyclists who lose control as a result of a road surface defect are often left wondering who is to blame and whether they can claim for personal injury as well as any damage to their motorcycle and protective motorcycle clothing.

To succeed, evidence is required of the specific nature of the road surface defect and any investigations must identify fault on the part of the roads authority, contractor or some other responsible organisation.

If you have encountered a road surface defect and have sustained injury as a result of a loss of control, follow the guidance below:

  • Inform the police and ask them to attend
  • Report the defect to the Local Authority
  • Take photographs - if you’re unable to do this, ask someone to take photographs of the road defect for you as this important piece of evidence will enable us to assess your prospects of success
  • Take measurements (eg, the size of the pot hole, width and length of the overbanding)
  • Obtain details of any witnesses to the accident and to the nature of the defect. If there are no witnesses, then make a note of the personal details of any local witnesses with knowledge of the defect
  • Contact Motorcycle Law Scotland.

Success in claims involving road defects very much depends on whether fault can be established, which often requires expert testimony. At Motorcycle Law Scotland, we have access to experts in road conditions and defects.

Please have a look at the decisions in relation to a road surface defect. Remember, no two cases are the same. Your case is unique, the accident circumstances are unique and each case is fact sensitive.

If you have sustained personal injury as a result of a road surface defect, contact us on 0333 555 7782