When a spillage on a road causes an accident, it is often difficult to determine who was responsible for the hazardous conditions. However, a cyclist who was injured after getting stuck in farm waste has received an undisclosed amount in compensation from the farmer.

The unnamed cyclist, who was the front rider on a tandem, was travelling along a country road past the entrance to a farm. The farmer had allowed the road to become covered in waste, including manure, mud and silage. As the cyclists rounded a sharp bend, the tandem’s wheels became stuck in the waste, throwing the cyclist to the ground and leaving him with injuries to his leg and shoulder.

Later on, the cyclist returned to the scene of the accident and took pictures of the waste on the road for use as supporting evidence in his personal injury claim.

In court, the judge was shown photographs of the waste. There was a large silage heap close to the road and the surface near the entrance had been churned up by large vehicles. A highway inspector gave evidence that had he been aware of the condition of the road, he would have ordered the farmer to clean up the area.

The judge found the farmer liable and awarded the cyclist an undisclosed sum in compensation.

In this case, the photographs showing the state of the public road and the proximity of the silage heap to it were telling evidence that the farmer’s failure to act had caused a hazard to road users.