The Highway Authority’s liability for damage or injury caused as a result of accidents on the highway is governed by the Highways Act 1980. In addition to the statutory duty placed on the Authority to maintain the highway under Section 41, a defence to any civil action brought against it is contained under Section 58 of the Act.
Section 58 outlines that where the Highway Authority has taken such care as in all circumstances was reasonably required to ensure that the highway was not dangerous to traffic, it will not be considered negligent or in breach of its statutory duty.
East Sussex Highways also strictly follows the Code of Practice for Highway Maintenance which includes recommendations on the need for robust inspection regimes and safety inspections.
Therefore, in order for there to be a breach of the statutory duty placed on the Highways Authority under section 41 of the Highways act 1980, it must be proven that prior to any incident, ALL of the below statements apply:
a) The defect was at or more than intervention level.
b) East Sussex Highways were aware the defect was at or more than intervention level.
c) East Sussex Highways failed to make safe and/or repair the defect within the specified time.
It is imperative that before you make a claim that you report the problem to us. After reporting the problem you will be provided with a case number to reference in the claim form.
The claim form can be found here. It is very important that the claim form is completely and correctly filled out as not doing so may result in your claim being delayed.
You must fill out a claim form and include the following documents:
Vehicle damage claims:
Completed claim forms and accompanying information / documentation can be emailed to email@example.com or sent to:
East Sussex Highways
Highways Claims Co-ordinator