Speeding motorists beware
The Highway Authority’s Duty of Care… to speeding motorists
The case of Russell v West Sussex CC makes it clear that a Highway Authority must maintain the highway so as it free of dangers for ALL users. The relying on the test set out by Sachs LJ in Rider v Rider, the Court held that the Highway Authority’s duty is;
“…reasonably to maintain and repair the highway so that it is free of danger to all users the highway in a way normally to be expected of them…the Highway Authority must provide not merely for model drivers, but for the normal run of drivers to be found on their highways and that includes those who make the mistakes which experience and common sense teaches are likely to occur”.
The Court’s decision in this case to some may seem surprising however, it reiterates the extent to which the Highway Authority owes a duty of care even to those who may not necessarily be complying with the provisions of the Highway Code and applicable laws.
