Agricultural activities can sometimes lead to the deposit of mud on the roads, which can constitute a danger for other road users, in particular for two wheels. In this context, what does the law on the liability of the farmer in the event of an accident say?
According to article R116-2 of the Highway Code, the simple fact of depositing mud on the road is already a reprehensible act, punishable by a fine of up to €1, an amount which can be increased to €500 in the event of a repeat offence. In the event of an accident, the penalties incurred are obviously higher and depend on the seriousness of the injuries suffered by the victims.
Article 1383 of the Civil Code applies in this case. It stipulates that everyone is responsible for the damage he has caused not only by his act, but also by his negligence or imprudence. In addition, criminal action may also be taken depending on the severity of the damage.
To avoid any risk of accidents, several actions can be implemented. Initially, it is advisable to avoid sludge deposits and to work when the weather conditions are favourable. If this is not possible, reduce the amount of mud and warn other road users of the danger. This signaling must be regulated, using regulatory retro-reflective panels judiciously installed on the shoulder to avoid being soiled.
In short, the farmer's liability can be engaged in the event of an accident occurring in the area that has become muddy, but several measures can be put in place to avoid any risk and ensure the safety of all road users.