Agency faces road ice legal claim

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The Highways Agency is facing legal action for allegedly failing in its duty of care to drivers along part of the A30 in Devon and Cornwall.

A 40-mile (64km) stretch, between Bodmin and Okehampton, was closed on 21 January because of sheet ice.

However, about 40 accidents occurred on the stretch before it was closed.

Solicitors representing one seriously injured man said a case is being put together. The Highways Agency said it had "received correspondence".

Richard Biggs, of Manchester-based Ralli Solicitors, is representing a member of the Royal Navy, from Liskeard, who was injured in a three-vehicle crash near Launceston.

All of our procedural requirements for winter service were exceeded, and the road re-salted several times, in order to provide the highest levels of safety Highways Agency statement

After being airlifted to hospital, the driver was treated in a high-dependency unit for six days and then in intensive care for two days afterwards, Mr Biggs said.

Mr Biggs admitted both he and his client did realise "accidents do happen", but said that an Act of Parliament in 2003 imposed a duty on the Highways Agency to keep roads clear as much as "reasonably practicable."

He said: "My client wasn't travelling at an excessive speed, he was driving very cautiously, was not breaking any law whatsoever, and, through no fault of his own, suffered serious injuries.

"[The Highways Agency] do have a duty to ensure that highways are not endangered by snow and ice, so they do have a duty to try and keep roads clear as far as is reasonably practicable."

He said that if the case was successful, it could also lead to other claims from other people involved in accidents on the same stretch before it was closed.

The Highways Agency said: "We confirm that we have received correspondence in relation to this matter.

"All of our procedural requirements for winter service were exceeded, and the road re-salted several times, in order to provide the highest levels of safety reasonably obtainable for road users in the adverse weather conditions of late January.

"For legal reasons, we cannot currently comment further."