This bike is like “Trigger’s broom” as I have replaced various bits over the years. Last month I rode into the village where the pub meeting is as normal. However, as it was dark I did not see that a keep-left sign was missing off a traffic island and managed to hit it and crash.

I hit the deck really hard breaking my elbow and knee cap. As I lay there, some of the club members turned up and took charge of the scene. An ambulance came and I was whisked off to hospital for surgery. Now the dust has settled, I have been told I may be able to sue the local council for not having a sign in place on the traffic island. The pub landlord told me the sign was there the day before but hypothesised it may have been stolen by some local kids “for a laugh” and thinks I can I sue the council as they are liable for the road and there was no sign in place. He mentioned something about Section 41? What do you think? I am badly smashed up and currently off work.

Answer

As a starting point, Section 41 of the Highways Act 1980 states the council (or whatever authority is responsible for the road in question) “are under a duty… to maintain the
highway” So, without wanting to get too technical, I can see why the pub landlord thinks the council are in the crosshairs. However, as a general point, the relevant authority may well have a “Special defence… for damages for non-repair of highway” by way of Section 58 of the same act. There are a number of factors here, but in particular the act states, “where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose… ” With that in mind, a judge will be unlikely to find the local council liable as, even if they knew about it, if the sign was there the day before you hit it and then stolen, it allows no time for the council to fix it.

The position would be different if the sign had been missing for say two years; the council had inspected the road and noted it was missing; but had not done anything about it. In that scenario, you would likely have a case against the council. In summary, it is worth double-checking the pub landlord is correct about the sign being there the day before and also request the council’s inspection records etc. However, if he is correct, then I am afraid to say you will not be able to claim successfully against the council as this would not be their fault.

Andrew ‘Chef’ Prendergast

Motorcycle Sport & Leisure – May 2025