Hello all,

I had a car accident yesterday on the M6 Jct 17 southbound slip-road. The damage to both vehicles is moderate.

The subject matter here is road maintenance and liability of the accident. The junction is currently facing improvement works overnight(s) until March 2015.

The morning of the 14th May 2014 I was making a social journey and exited the M6 at Jct 17 at 70mph. Utilizing engine braking the vehicle had slowed to less than 50mph on start of the slope towards the overpass/intersection. There were construction signs 200m prior and speed limit of 40mph at the end of sliproad. I began moderate application of brakes slowing to 40mph and on the brow of the hill I saw the intersection and give way markers on the ground.

I immediately applied heavy braking but the car lost traction and steering control. The vehicle veered into crossing traffic at the intersection colliding with another saloon vehicle. The collision occurred at approximately 10 mph.

On assessing the vehicles and picking up debris of the road I saw some sort of grease or rainbow coloured substance on the surface. The road at the time was wet from drizzle and the area had been dug up so mud had been transferred over to the road.

I called my insurance company admitted liability and recovered the car 200 miles to London.

My excess is £750 and premium at £1,400.

Is the accident completely my fault?

Yes it is.

It's up to you to be aware of any possible hazards.

Normally when there are roadworks on a slip road there would be warning signs before the exit warning of any works and speed restrictions.

Unless you have proof of negligence of the work crew then the standard answer will be driving contrary to the road conditions.. "Heavy braking" implies you were driving too fast. If you were aware of the hill (Being that you were going up it and you had restricted visibility at the top) you should of anticipated problems in the area you could not see. EG it could of been a stationary vehicle broken down or pedestrians)

You have also admitted l iability. This question is therefore a bit moot

So it was you causing the grief.

I use this junction everyday and have done for around 7 years and one thing for certain is that you cannot use engine braking from 70mph. Plus the fact road work signs are an indication of crap on the road for which the authorities and contractors cannot be held liable. The works are long term to improve a bad junction and are clearly marked as such so sorry it's down to you.

Please send details of your insurers so I too can submit a claim for the inconvenience you caused other road users.

So it was you causing the grief.

I use this junction everyday and have done for around 7 years and one thing for certain is that you cannot use engine braking from 70mph. Plus the fact road work signs are an indication of crap on the road for which the authorities and contractors cannot be held liable. The works are long term to improve a bad junction and are clearly marked as such so sorry it's down to you.

Please send details of your insurers so I too can submit a claim for the inconvenience you caused other road users.

The exit lane appears nearly 500m prior to the sliproad ascent. Taking the foot off the accelerator slows you down to less than 60 in a couple of seconds.

The road works sign is on the ascent and doesn't clearly indicate road works being carried out at the intersection. For familiar drivers that isn't an issue. I have never seen a slip road that poorly marked and short for a motorway and i've driven the past 4 years on the M6. I'd expect reduce speed now or some other signage as any other jct with a short off-ramp.

If you want to submit a claim, be my guest. Give me a PM.

Adviceguide.org.uk

"An accident may be caused by the condition of the road surface, for example, by pot holes, ice, mud or leaves. Adequate warning may not have been given of a problem with the road surface, for example:-

the local authority (Department of Regional Development, Transport NI in Northern Ireland) may have failed to respond reasonably to a problem with the road surface.

individuals or firms, for example, farmers or contractors may have left mud or grease on the road surface for an unreasonable period of time without adequate warnings. If so, they may be liable for any accident caused

a contractor who has failed to reinstate the road surface properly after carrying out works."

Normally when there are roadworks on a slip road there would be warning signs before the exit warning of any works and speed restrictions.

 

Unless you have proof of negligence of the work crew then the standard answer will be driving contrary to the road conditions.. "Heavy braking" implies you were driving too fast. If you were aware of the hill (Being that you were going up it and you had restricted visibility at the top) you should of anticipated problems in the area you could not see. EG it could of been a stationary vehicle broken down or pedestrians)

 

You have also admitted liability. This question is therefore a bit moot

The speed restrictions were posted at the end of the sliproad which was very odd. Not something you would see with surface spray. I have admitted liability for the damage caused to the other vehicle. Not for the accident.

The heavy braking was applied at less than 30mph well before the intersection so I had plenty of time on a wet surface to stop. I may have lost some distance by hesitation from lane discipline by distraction from the sat-nav. But the fact is that the vehicle lost traction and skidded from the surface grease, mud, oil or something else. I can only describe it as rainbow like liquid.

Looking at sat nav approaching the junction????? Get real!!

There is nothing wrong with the markings. Everything is clearly displayed and whilst yes I do use it every day those that don't should pay particular caution to the warning signs.

I really don't know where you are going with this or what you hope to achieve. One thing is clear though there are far too many drivers on the motorways now who seem to think they can go after someone or an organisation through their own stupidity.

If you cant stop..which you admit you couldn't because you had to brake hard then it's down to you and you alone. End of!

Looking at sat nav approaching the junction????? Get real!!

 

 

There is nothing wrong with the markings. Everything is clearly displayed and whilst yes I do use it every day those that don't should pay particular caution to the warning signs.

 

 

I really don't know where you are going with this or what you hope to achieve. One thing is clear though there are far too many drivers on the motorways now who seem to think they can go after someone or an organisation through their own stupidity.

If you cant stop..which you admit you couldn't because you had to brake hard then it's down to you and you alone. End of!

The reason the VEHICLE was unable to stop even though there was plenty of stopping distance left was primarily due to the road surface. Someone obviously left it in that condition whether it be an organisation or a person. This is becoming very monochrome. The signage is irrelevant and so is every single other ignorant analytical comment you've made. The 'heavy braking' was icing on a cake and was only to provide context and perspective.

If you want to continue this in a profane and abusive manner, feel free to PM me. You're clearly attempting to derail the topic.

Thankfully no one was hurt, which is the main thing.

You have admitted liability from the offset, so there's nothing you can do to change this fact.

It's always down to you the driver to be aware of all manner of hazards & road conditions when approaching road works.

You said you saw the signs 200m before them, you at this point should of been slowing right down, to enable you to stop at the give way at the top & be aware of any traffic/hazards due to the roadworks.

It's a lesson learnt for the future!

Were there lots of other accidents prior to your accident and after your accident on this patch of debris / spill?

Right, on the face of it, you don't have a leg to stand on, but all MAY not be lost.

Firstly, when you noticed the "Rainbow" effect you should have checked that area at the time, especially with a witness.

Given dacouc's post, would it be possible to contact (say via police / insurance co.) any other victims on that day?

The reason I mention this is because up here in Scotland, a mobile crane operator was heavily fined for their vehicle spilling thin oil onto the road. This was the cause of a triple fatality and police took some time to trace the offending vehicle. Sounds to me that diesel or oil spillage caused your car to lose traction----but proving it is another matter.