What is a diesel spill accident?
A diesel spill is considered a type of road defect which could cause accidents to both motorcyclists and pillion passengers. Research by road transport experts has shown that there is more of a chance of a serious or fatal accident involving a diesel spill than of ice being on the road.
It is a common misconception that if you have an accident due to a diesel spill or oil spill you cannot claim motorcycle accident compensation for personal injury and financial losses. However, it is the case that you can claim compensation if an accident were to occur as a result of a spillage in the road. Diesel spills are common on the roads today and if you or a family member has suffered through no fault of your own, you may have a case to pursue.
Motorcyclists injured as a result of losing control on diesel spills or oil spills are entitled to compensation if it can be shown that on the balance of probability (more than 50%) that the negligence of an untraced road user led to the spill. Negligence is usually determined to be through a deliberate act such as overfilling a fuel tank or by failing to properly secure the fuel tank. Therefore, in the case of an accident involving a diesel spill, you will have to prove that there was negligence and that the spill posed a threat to your ability to drive safely.
It can be difficult to pinpoint who is to blame for a spillage and it could be found that the local authority is responsible for the poor condition of the road. It may also be possible that an individual individual or company can be held responsible due to negligence.
What to do if involved in a diesel spill accident
The first thing you must do after being involved in a diesel spill accident is to inform the police. This should not be reported longer than 14 days after the accident took place. If it is safe to do so, take a few photographs of the scene and write down any information which you may forget at a later date. If any witnesses are present during the incident, ask for their names and addresses. Remember to note any damage to your motorbike or other equipment. Last of all, inform the local council about the accident and details of the spillage.
If you have been affected by a diesel spill accident, call us today on 0800 011 2757 or 0151 724 7121 and our motorbike accident solicitors will answer any questions you have and provide advice where possible. We are based in Liverpool but have represented clients across the UK.