Dangerous road surface causes crash
Allan was out with friends riding his Honda Pan European on a blisteringly hot, sunny day in July 2019. They had decided to take a route which went over the Cairn o Mount road which leads from near Banchory to Fettercairn. It’s a popular road with motorcyclists and cyclists, known for its gradient and bends, with beautiful views over Aberdeenshire at the top.
However, as Allan went over the summit of the hill, he quickly found the road surface to be thick with chippings which he described as being ‘like a driveway.’ There had been recent surface dressing road works done and whilst there were signs advising of loose chippings and a maximum speed of 20mph, Allan could not safely navigate the road even travelling at less than 20mph and he fell from his motorcycle onto the road.
At the time, it was not thought that he had been seriously injured. However, an ambulance was called to the scene and he was taken to Aberdeen Royal Infirmary where he was found to have suffered fractured ribs and a punctured lung. He was kept in hospital for 4 days before being allowed home.
Allan contacted Motorcycle Law Scotland nearly two years after his accident when the firm of solicitors he had originally instructed to represent him declined to pursue his case any further. They had received a denial of liability from Aberdeenshire Council who were the relevant roads authority and had determined that Allan’s case did not have any prospect of success.
When Allan contacted us to find out if we could help, we agreed to look into the circumstances of the incident further. We recovered a copy of his file from his previous solicitors to find out what investigations they had carried out. It became clear that there were a number of questions that begged to be asked of the Council so we contacted their insurers and requested more records about the surface dressing works which had been carried out.
The documentation we recovered from the Council seemed to indicate that a greater quantity of gravel binder and chippings had been recorded as being used compared to what had been specified in the design plan. The council had planned to use 275 tonnes of chippings, but actually recorded using 440 tonnes – that’s 60% more than they calculated. There is strict guidance in place about the rate of spread of both products when carrying out surface dressing works as clearly using too many chippings increases the risk to road users such as Allan. Next, despite the road being extremely steep near the summit (10-16% gradient), there seemed to be no consideration of gradient when calculating the amount of chippings to be used.
Using our social media channels, we put out a call for help to the motorcycling community. Many contacted us to let us know that they had ridden this route and remembered the day (even though it was two years ago) and could recall how deep the chippings were on the Cairn O Mount.
Our evidence was put to the Council who still refused to admit responsibility for the incident and therefore, armed with this evidence, we had no choice but to raise Court proceedings at the All Scotland Personal Injury Court.
When raised at Court, we again presented the Council with all the evidence we had in order to prove the case. However, they refused to engage with us in settlement negotiations. We prepare every case as if it will go to a full Proof Hearing before a Sheriff and, in this case, we were ready to take the case to Proof. No offers in settlement were received up until the day before Proof. At 4pm, (just as our Solicitor, Roz Boynton, was getting ready to drive to Edinburgh for the Court case!) an offer in settlement was made that we could recommend to Allan in full and final settlement of his case, by this point over three years after the accident.
So, just because your case has been closed by another solicitor, please do get in contact with us at Motorcycle Law Scotland if you feel like you would like a second opinion. We are specialists in what we do and pride ourselves in looking at the detail and leaving no stone unturned in investigating your claim. Even better, make contact with us first on 0333 5557782 and save yourself both time and worry.