Although 90% of road accidents are blamed on the human factor, the reality is that many could have been avoided if the roads or streets had no deficiencies, a problem that can also cause damage to our vehicle. You should know that if you detect a road or street in poor condition, you can report it. How? To who?
Despite the fact that Spain has one of the best road networks in Europe, its condition continues to worsen year after year. In fact, it gets the worst grade of the last 20 years after the biannual report carried out by the Spanish Road Association (AEC). A deficit in conservation of 7,463 million euros entails a poor state of the pavement, signs with expired reflectors, metal barriers or deformed or rusty guardrails…
More risk of accidents, unfair fines…
The same thing happens in many streets of the many towns that exist in Spain where we can find a broken sewer, a sinkhole, speed bumps that do not comply with regulations, poor signage… In fact, recently the Associated European Automobile Association (AEA) has warned that ” thousands of Madrid drivers have been fined €200 for confusing and poor signage in the Plaza Elíptica low-emissions zone”, a complaint they make after verifying that the existing signage, in addition to being confusing, does not comply with the regulations of the DGT nor to that contemplated in the municipal Ordinance of Sustainable Mobility, approved by the Plenary Session of the Madrid City Council last October. It is an example of the problems that a street or highway in poor condition can cause to the driver or citizen. AEA has also denounced the 500 kilometers of dangerous roads in Spain.
But the biggest problem is that these deficiencies can pose a serious risk to road safety. For this reason it is important to know how to report roads and streets in poor condition.
How to report a road or street in poor condition
The Spanish Constitution itself reflects the right of the citizen to be compensated for an injury suffered due to a malfunction of a public service. Specifically, article 106 says: “Individuals, under the terms established by law, shall be entitled to be compensated for any injury they suffer to any of their assets and rights, except in cases of force majeure, provided that the injury is a consequence of the operation of public services.
To avoid injuries, the most important thing is that all citizens get involved in denouncing deficiencies that may pose a risk to safety and not wait for injuries to be reported. In any case, these are the steps you have to follow:
• Complaint to the road owner:
To do this you have to find out who is responsible for the street or road in poor condition. It can be the State, an Autonomous Community, a Provincial Council or a City Council. If it is a road, it is usually indicated at the kilometer points, if you do not see it, the Police or Civil Traffic Guard will give you the information. If the damage is on a street or urban road, the council of that city or town will be the owner and responsible.
In general, the websites of the municipalities make it easier to make such complaints online. For example, in this link you can report streets in poor condition in Madrid; In this other link you can report deficiencies in the streets of Barcelona; and here in the streets of Valencia.
In the case of the state network of the State, you can report through the DGT (General Directorate of Traffic) complaints and suggestions website.
You can also report it through consumer and driver associations. To make any complaint it is important that you take photographs or videos of the deficiencies found. If your vehicle suffers damage, in addition to the photographs, we recommend that you call the Civil Guard or Police to prove what happened and thus be more successful in your claim.
• If damage has occurred, look for witnesses:
It will be important to have witnesses to verify that the event has occurred. The damage to the vehicle will have to be accredited with an invoice for the repair carried out and the personal damage by a medical report. If the attestation unit intervenes, it will also serve as documentation for a possible trial. In order to claim compensation for a street or road in poor condition, you have to prove it and the process can be long or tedious. You can also ask your insurance company for help (since they usually include legal assistance).
