The Role of Solicitors in Holding Public Authorities Accountable

Most road traffic accident claims are assumed to involve another driver.

But what about…

…the council?

When faulty roads, broken traffic lights or badly designed junctions cause a crash — liability can lie with a public authority. Don’t ever think anyone should fight a council or government body on their own.

Meet your solicitor.

Claims against authorities require specialist legal knowledge. Claiming against councils and government bodies is notoriously difficult. P.A. Duffy & Co understands the obligations owed by highway authorities and councils to road users. They know what it takes to successfully hold a public body to account.

Here’s everything road users need to know about claiming against public authorities…

Contents

1. What Does Public Authority Liability Actually Mean?
2. When Can Road Traffic Accident Claims Be Made Against an Authority?
3. Why You Need A Solicitor To Claim Against Councils & Government Bodies
4. The Process: How Your Solicitor Proves Liability Against An Authority
5. Authorities Fight Claims – Here’s What Happens Next
6. Bringing It All Together: Claims Against Public Authorities

What Does Public Authority Liability Actually Mean?

Public authorities have a duty of care to motorists, cyclists and pedestrians that use their roads. Section 41 of the Highways Act 1980 makes it clear that councils, TfL and National Highways are legally responsible for keeping highways safe.

If they fail in that duty, and someone gets hurt because of it, those authorities can be held liable for accidents.

Claims can be made against councils when poor road conditions cause accidents. Faulty road surfaces, faded road markings, broken traffic lights, badly placed signage and dangerous drainage, junctions and roundabouts that have never been repaired could all be grounds for claiming compensation against a public body.

Statistics from the RAC show defective road conditions are a serious problem.

Pothole compensation claims increased by 91% in three years, rising from 27,731 in 2021 to 53,015 in 2024. Citizens are waking up to the fact that public bodies can be held legally responsible for the roads they fail to maintain.

When Can Road Traffic Accident Claims Be Made Against an Authority?

Not every pothole is grounds for claiming compensation. To have a successful claim against a council three things need to be established:

• The local authority was responsible for maintaining the road or feature that caused the accident.
• They failed in their duty of care.
• The accident caused injury or financial losses.

That last point is worth emphasising. Poor road surfaces cause near misses every day. Not every one of those incidents is worth claiming for.

However, councils use Section 58 of the Highways Act 1980 to wriggle out of liability. This states that if a council can prove they took “reasonable steps” to identify highway defects and make repairs, then they cannot be held liable.

Lawyers refer to this as the Section 58 Defence. Most of the time, it works. Internal council records allow highways authorities to simply show they have been “reasonable” in how they inspect and repair roads.

In 2024, 97% of councils rejected more than 90% of pothole claims made against them, according to new RAC Freedom of Information data.

Claiming without legal support is a gamble.

Why You Need A Solicitor To Claim Against Councils & Government Bodies

That point is worth repeating.

If you try to claim without legal support, you’re taking a gamble.

Making a road traffic accident claim against a public authority is difficult. If a council or highway authority thinks a claim has been made against them, they will investigate immediately.

That means hitting you with every possible legal defence they have.

How can you possibly fight back without legal support?

Lawyers that specialise in making claims against councils know how to:

• Access council road inspection records.
• Understand exactly how a Section 58 Defence works.
• Gather expert evidence to counter a council’s claims they took “reasonable steps.”
• Prove liability when authorities try to blame you for the accident.

The scale of the problem is large. In 2024, there were 128,272 road casualties of all severities in Great Britain.

These are real people that suffered real accidents. They need specialist legal support to ensure claims are handled quickly, professionally — and with every option for success considered.

The Process: How Your Solicitor Proves Liability Against An Authority

Building a road traffic accident claim takes time. There are documents to gather, legal deadlines to meet, and evidence to obtain.

Filing a claim against a public authority is no different.

If your accident was caused by a road defect or poorly maintained road feature, your solicitor will typically:

1. Gather evidence of the road defect that caused your accident.
2. Obtain the council’s road inspection records.
3. Take statements from witnesses.
4. Instruct a roads expert to prove the defect meets the legal threshold for dangerousness.
5. Request any dashcam or CCTV footage surrounding the time of the accident.
6. Compile a letter of claim that complies with pre-action protocols.

Timeline caveat: Preventing authorities from using the Section 58 defence is all about acting quickly.

The better your legal team can prove a highway defect had been around long enough to be spotted in council inspections, the harder it is to argue that “reasonable” steps were taken to fix it.

Each claim is different, which is why having legal support matters.

Authorities Fight Claims – Here’s What Happens Next

You can expect an authority to fight your claim every step of the way.

Ultimately highways authorities will argue that they are exempt from liability under Section 58. They will say their road inspection programme is adequate, and they were not legally obliged to make repairs prior to the accident.

Your solicitor will challenge this stance with evidence — which could end up in court if negotiations break down.

Note: Claims against public authorities have strict time limits. Delaying legal advice could cost you.

Bringing It All Together: Claims Against Public Authorities

Claims against public authorities should not be taken on without legal assistance.

Using statute to defend themselves means local councils and government bodies can be relentless if they think you don’t have a strong claim.

But public authorities aren’t invincible.

Councils have a legal duty to maintain our roads. When they fail to do so and that causes injury, authorities can be sued for damages.

Some key facts about making claims against authorities:

• Highway authorities have a duty of care to motorists, cyclists and pedestrians.
• When they breach that duty you can make a claim against them.
• 97% of councils rejected 90% of pothole claims — getting legal help is critical.
• Solicitors can use Disclosure Requests to obtain evidence that can make or break your claim.
• There are time limits which is why you need to seek legal advice ASAP.

Don’t risk going it alone against a council.