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Although speeding, distracted driving and driving under the influence remain the leading causes of road traffic accidents, hazardous road conditions can also play a part in causing collisions.

When these conditions are as a result of negligence, there may be a question around liability.

Here we look at the types of hazardous road conditions that can result in a road traffic accident, and explain the situations where it may be possible to claim for compensation.

Dangerous road conditions

Dangerous road conditions refer to any defects or hazards that make a road unsafe for normal use. While some risks are unavoidable, such as sudden weather changes, others may be as a result of a failure to properly maintain or manage the road.

Common examples include:

• Potholes and uneven surfaces
  Poorly maintained road surfaces can cause loss of control, particularly for cyclists and motorcyclists, but also for drivers of vehicles.
• Debris on roads
  Leftover materials from roadworks or natural debris like fallen branches can create hazards.
• Faulty or missing road signage
  Inadequate warning signs, unclear road markings, or missing signage can lead to confusion and accidents.
• Obstructed views
  Overgrown hedges, improperly placed structures, or parked vehicles blocking sightlines at junctions can increase the risk of accidents.

However, it is important to note that not every accident involving poorly maintained roads will give rise to a compensation claim. This is why it is important to speak to a solicitor who specialises in road traffic accident claims and public place accident claims who will be able to advise on the specifics of the situation.

Who is responsible for road maintenance in Ireland?

In most cases, responsibility for maintaining public roads lies with the relevant local authority (such as county or city councils). They are responsible with ensuring roads are kept in a reasonably safe condition for public use.

For accidents that are as a result of poor road conditions, it is important to establish if it was a result of:

• Non-feasance: failure to take action, or
• Mis-feasance:  negligent action was taken

In most cases, it is difficult to take a case for non-feasance (not carrying out maintenance), whereas if there is a case of mis-feasance (maintenance not carried out correctly) there may be liability found.

For example, if a local authority was aware of a dangerous pothole and failed to repair it within a reasonable timeframe, and as a result it caused an accident, this may be considered to be non-feasance. Although it could be argued there was a breach of duty of care, in practice it is not usually possible to bring a case against non-feasance.

On the other hand, if a council carried out repairs to a road, but these were not completed to a reasonable standard – and the repairs caused an accident, this could be considered to be mis-feasance. Whoever carried out the works may be held responsible, or partly responsible for the accident.

Every situation will be different, and the circumstances of how exactly the accident happened will need to be carefully considered by a solicitor experienced in public place accident claims.

Other potentially liable parties

While local authorities are often the primary defendants in these cases, other parties may also bear responsibility depending on the circumstances, including:

• Contractors or construction companies
  If roadworks are being carried out and a lack of safety measures (warning signs or barriers) caused an accident, or if the work was poorly completed, the contractor may be liable.
• Utility companies
  If works carried out by utility providers (e.g., gas, electricity, broadband) leave the road in a dangerous condition, they may be held responsible if any accidents occur as a result.
• Private landowners
  Where hazards originate from private property, such as fallen trees, or encroaching vegetation, the landowner may be responsible.

What if a tree falls onto a road from a private property and causes an accident?

Private property owners have a duty of care to ensure any trees on their property are safe and not at risk of falling onto a road. If they do not, they could be held liable in a personal injury case for causing a road traffic accident.

Force majeure events, such as natural disasters or extreme weather conditions may cause a tree to fall onto a road. But if there were no previous signs that the tree was in danger of falling, the land owner may not be liable.

The responsibility of maintaining roadside trees is outlined in The Roads Act 1993.

The Department of Agriculture, Food and the Marine provides a Guide for Landowners to Managing Roadside Trees that outlines legal responsibilities around tree maintenance.

According to this document:

“The Roads Act 1993 requires owners or occupiers of land to take all reasonable steps to ensure that trees or other vegetation on their land are not a hazard to persons using a public road.

Local authorities may issue notices to landowners requesting them to maintain or cut back trees or hedges. If a tree fails (breaks or collapses) and causes injury or damage, the landowner will be held liable if negligent.

Negligence will usually depend upon whether the tree was in an obviously dangerous condition, and whether the landowner had a programme of checking and managing roadside trees.

That is, if the accident was reasonably foreseeable and could have been prevented. An ‘Act of God’ is not a viable defence if the tree involved was obviously defective and the landowner had not checked their trees.”

Establishing negligence

To successfully bring a claim for injuries caused by dangerous road conditions in Ireland, you must generally prove:

1. A duty of care was owed
   The responsible party had an obligation to ensure the road was safe.
2. That duty was breached
   They failed to take reasonable steps to prevent the hazard.
3. The breach caused your injury
   There must be a clear link between the dangerous condition and the accident.
4. You suffered damage or loss
   This may include physical injuries, financial loss, or both.

Evidence is key in these cases. Photographs of the hazard, witness statements, medical reports, and any prior complaints about the condition can all be crucial in establishing liability.

What to do if you are injured in an accident

If you are involved in an accident caused by dangerous road conditions, it is important to:

• Seek medical attention immediately
• Document the scene (photos, videos, location details)
• Report the incident to the relevant local authority or Gardaí
• Gather witness information if possible
• Contact a solicitor experienced in personal injury claims

Call us and tell us about your case today – our team will advise on whether a claim is possible in complete confidence. We can help you understand your legal rights and guide you through the process of making a claim.