The law and you

Calderdale Highways operate 24 hours a day, 365 days a year to ensure the roads and pavements of Calderdale are safe and that defects that occur are investigated and the necessary repair carried out as soon as possible.

Any injury to highway users or their property, caused by a highway defect, is always regrettable. Calderdale Highways operates to minimise defects, preserve the existing infrastructure and allow the safe movement of all road users.

If you are involved in an incident that has resulted in injury or damage to your property and you believe it was the fault of the highway authority you may be considering attempting to claim.

UK law dictates that the claimant must be able to prove that the highway authority has been negligent. You must be able to demonstrate in a court of law that:

  • the highway has not been maintained appropriately as set out in the code of practice and that it was dangerous.
  • this was the direct cause of the injury/damage sustained.

When we receive a claim our Investigators begin collating inspection records, service requests and photographs to provide our legal defence and prove we have taken all reasonable steps to ensure the highway was safe.

Calderdale Council successfully defend the majority of Highway Claims. Any settlements that are paid out to claimants are funded from budgets used for the maintenance of roads and pavements.

Calderdale Highways are continuously working to combat fraud. Anyone found to have submitted a fraudulent claim against this authority will be prosecuted.

We work closely with a national network of police, insurance companies and solicitors to identify persons involved in fraudulent claims.

See also