The accident on the A939 Old Military Road.
In September 2022, Steven was riding his BMW R1250 GSA southbound on the A939 Old Military Road near Grantown-on-Spey. He was touring Scotland with a group of highly experienced, advanced riders from Wales.
Around five miles north of Grantown-on-Spey, Steven negotiated a right-hand bend. On exiting the corner, his front wheel struck excessive joint sealant, commonly known as overbanding. The loss of grip was instant. There was nothing he could do. The motorcycle went down in a split second.
Thankfully, there was no oncoming traffic. However, Steven sustained significant injuries. One of his fellow riders had the presence of mind to photograph the scene while they waited for the ambulance—evidence that would later prove vital.
The dangerous road defect
Overbanding is a tar-based sealant used in road repairs, but its application is strictly regulated under the New Roads and Street Works Act 1991. The rules are clear; surface-level overbanding should not exceed 40mm in width.
We investigated the locus and measured the sealant. It was 60mm wide, exceeding the permitted limit by 20mm.
Excessive overbanding creates a smooth, low-friction surface, particularly dangerous for motorcyclists, especially in damp conditions. What should have been a routine bend became a serious hazard.
Proving the claim.
We submitted Steven’s claim to Highland Council on the basis that they had failed to properly maintain the road. We also lodged Freedom of Information requests with both Highland Council and Police Scotland to obtain inspection and accident records.
As expected, the Council initially attempted to blame their contractors. We made it clear this was not acceptable. The Roads Authority has a non-delegable duty to ensure roads are safe.
We raised court proceedings on Steven’s behalf at no cost to him.
To support the case, we:
- Took precise measurements at the scene.
- Gathered evidence from other motorcyclists who described the location as an accident hotspot.
- Instructed an experienced civil engineering expert.
The expert confirmed the overbanding was excessive, lacked skid resistance, and had been installed contrary to industry standards. He was also critical of the Council for failing to identify and rectify the defect for over 13 months.
The outcome
Despite initially denying liability, the defenders faced overwhelming evidence as the case progressed through the courts.
With less than five weeks before trial, they conceded.
Steven achieved a five-figure settlement. More importantly, he was vindicated. There was nothing he could have done to avoid the crash.
Steven said:
“The support shown by Jack and the team was exceptional. Incredibly, they delivered a positive outcome where I thought it would be a challenge. Everyone was very supportive and honest at every stage of the process.”
As motorcyclists ourselves, we understand the risks riders face every day. Overbanding remains a serious hazard, and until roads authorities take it seriously, incidents like this will continue.
At Motorcycle Law Scotland, we are committed to securing justice for injured riders.
Motorcycle Law Scotland – Guiding you through the unknown.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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