Personal Injury Claims Following Roadworks Accidents

Roadworks are essential for maintaining and improving transport infrastructure. However, they can also create hazards that lead to personal injury accidents for pedestrians, cyclists, motorcyclists, drivers and other road users. In England and Wales, if you suffer an injury because of unsafe roadworks or poorly maintained road conditions caused by such works, it may be possible to pursue a personal injury claim for compensation. This guide explains the relevant legal framework, how liability is established, practical steps to make a claim, time limits, potential risks and answers common questions in clear, accessible language for non‑experts and solicitors alike.

The Legal Issue in Roadworks Accidents

Roadworks accidents can occur when road surfaces, signage, barriers or temporary diversions introduced during works create dangerous conditions. These may include uneven surfaces, loose materials, inadequate warnings, faulty cones or signs, poorly lit works at night and unexpected deviation routes. Where such hazards cause injury, the victim may be able to claim compensation by showing that the body responsible for the roadworks - for example a local authority, utility company contractor or a national agency such as National Highways - owed a duty of care and that the duty was breached resulting in injury or loss.

Who Can Be Liable for Roadworks Accidents?

Highway Authorities

Public authorities that maintain public roads and manage roadworks have legal responsibilities under the Highways Act 1980. Highway authorities include:

• Local councils for most public roads and pavements.
• National Highways for motorways and major “strategic road network” routes.
• Specific bodies such as Transport for London (TfL) in London.

Under Section 41 of the Highways Act 1980, a highway authority must maintain their highways so they are safe and fit for ordinary traffic. However, liability is not automatic; claimants must generally show that the authority failed to take reasonable care in performing this duty and that this breach caused their injuries.

Contractors and Third Parties

Sometimes roadworks are carried out by contractors or utility companies (e.g. for gas, water, electricity works). In such cases, liability may lie with the contractor if their negligence in executing or signing off the works made the road unsafe. A claim might then be pursued against the contractor's liability insurer instead of, or alongside, the highway authority.

The Legal Framework for Roadworks Injury Claims

Highways Act 1980

The Highways Act 1980 establishes the duty of highway authorities to maintain roads and footpaths in reasonable repair. Where a defect caused by roadworks - such as loose materials, uneven carriageways or unmarked diversions - renders a highway unsafe, it may constitute a breach of that duty. Courts assessing liability under the Act consider whether the authority did “all that was reasonably necessary” to keep the highway safe in all the circumstances.

Common Law Negligence

In addition to statutory duty under the Act, general principles of negligence apply. To succeed, a claimant must normally prove:

1. The defendant owed a duty of care (e.g. as highway authority or contractor).
2. The defendant breached that duty by failing to act as a reasonable entity would in similar conditions.
3. The breach caused the injury.
4. The claimant suffered loss or damage as a consequence.

Both statutory and common law duties overlap in many roadworks claims.

Establishing Liability: Duty of Care and Breach

Duty of Care

Highway authorities and those organising roadworks generally owe a duty to ensure that the roads they control are maintained to a standard reasonably safe for roads users. This includes ensuring that temporary conditions created by roadworks do not expose users to foreseeable risks that reasonable measures could avoid.

Breach of Duty

To establish a breach, you must show that the defendant's conduct fell below the standard of care expected in all the circumstances. Examples include:

• Inadequate signage warning of roadworks.
• Poor lighting of temporary hazards at night.
• Loose surface materials left unattended.
• Missing or incorrectly placed barriers.
• Unsafe diversion routes, unclear trip hazard areas or defective temporary surfaces.

Evidence that the authority did not inspect, repair or mitigate hazards within reasonable timeframes is relevant.

Causation and Foreseeability

You must link the breach directly to the injury. If the hazard or condition caused by the roadworks was a foreseeable cause of harm in the circumstances and the defendant failed to prevent it, this supports causation.

Types of Injuries and Losses in Roadworks Claims

Roadworks accidents can result in a range of physical injuries, including:

• Sprains and strains.
• Fractures or broken bones.
• Head injuries.
• Soft tissue injuries.
• Long‑term or chronic pain.

Compensation claims may seek compensation for:

• General damages: Pain, suffering and loss of amenity.
• Special damages: Financial losses, such as medical costs, travel expenses, rehabilitation costs and loss of earnings (past and future).

Step‑by‑Step: How to Make a Roadworks Injury Claim

1. Seek Medical Attention Immediately

Prompt medical assessment is essential to document injuries and link them to the roadworks accident.

2. Collect Evidence at the Scene

Where it is safe to do so:

• Take photographs and video of the hazard (e.g. road surface, signage, barriers, lighting).
• Record exact location details, including road name, junctions and reference points.
• Gather contact details of witnesses.
• Note weather, lighting and traffic conditions at the time.

Photographic evidence before repairs are made is especially valuable.

3. Report the Hazard to the Relevant Authority

You should report the hazard and accident to the appropriate highway authority (local council or National Highways). This creates a record that the authority was notified, which may support your claim.

4. Consult a Personal Injury Solicitor

An experienced solicitor can assess your case, identify the defendant(s), gather evidence and advise on liability under the Highways Act 1980 and common law negligence principles. Many solicitors offer No Win, No Fee arrangements to manage cost risk.

5. Pre‑Action Protocol and Letter of Claim

Under the Pre‑Action Protocol for Personal Injury Claims, your solicitor will send a Letter of Claim to the defendant, outlining the facts, injury and basis of liability. The defendant typically has a set period to respond and disclose relevant information.

6. Negotiation or Court Proceedings

If liability is admitted, settlement negotiations can resolve the claim. If not, court action may be issued in the county court, where evidence is presented on both liability and compensation.

Time Limits for Roadworks Injury Claims

Under the Limitation Act 1980, most personal injury claims must be started within three years from the date of the accident or from the date you first knew your injury resulted from negligence. For children or people lacking capacity, different rules may extend this period. Claims should be initiated promptly, as delays can lead to loss of evidence and weaken your position.

Contributory Negligence and Shared Responsibility

Under the Law Reform (Contributory Negligence) Act 1945, if you are partly to blame for your injury (for example, by failing to keep a proper lookout), your compensation may be reduced in proportion to your share of responsibility. Courts assess contributory negligence “just and equitable” in each case.

Potential Challenges in Roadworks Claims

Section 58 Defence

Under Section 58 of the Highways Act 1980, highway authorities can defend a claim by showing they took all reasonable care to prevent the defect or hazard. This often involves evidence of regular inspections, maintenance programmes and timely repairs.

Independent Contractors and Third Parties

If the hazardous condition was caused by a contractor or other third party, establishing whether the authority or the contractor is liable can be complex. Evidence of responsibility for the works and control over safety measures is critical.

Common Questions from our Readers

Can I claim if I hit a pothole caused by roadworks?
Yes - if you can show that the hazard was caused by negligent maintenance or unsafe roadworks conditions and that the responsible authority failed to take reasonable care under the Highways Act 1980 and common law.

Do I have to prove negligence to make a claim?
Yes. You must establish that the defendant breached their duty of care and that this breach caused your injury and losses.

Will I lose my no‑claims bonus if I claim?
Personal injury claims against highway authorities generally do not involve your motor insurer and therefore do not affect your no‑claims bonus, although claims against other drivers might.

Key Takeaways

Personal injury claims following roadworks accidents in England and Wales centre on whether the highway authority or contractor responsible for the works failed to ensure safe conditions and breached their duty of care under the Highways Act 1980 and negligence principles. A successful claim requires prompt evidence gathering, clear proof of breach and causation, and compliance with procedural steps including the Pre‑Action Protocol. Compensation can cover pain, suffering, financial loss and ongoing care needs. Understanding liability, time limits and contributory negligence enhances your prospects of a fair outcome.