Guidance for British motorists driving in Spain

New road markings in Spain aim to reduce road traffic collisions.

British tourists driving in Spain have been warned about new red road markings which have been rolled out to improve road safety.

The Directorate General of Traffic (DGT) introduced a continuous red line on roads known for being notorious accident “blackspots” to emphasise to drivers that overtaking is strictly prohibited on those sections of road.

Following a successful trial period on the A-355 near Coin, Malaga, known as the “highway of death”, the scheme was extended in early 2025.

The red line acts as a visual reminder for drivers in much the same way a double continuous white line does in the UK.

Under Rule 129 of the Highway Code, where there are double white lines and the line nearest you is solid, you must not cross or straddle it unless it is safe to do so and you are entering adjoining premises or a side road. Such markings are often found on roads with blind bends or hills where such manoeuvres could be extremely dangerous.

The Royal Automobile Club of Spain emphasises that infringing the rules and undertaking an illegal overtake rules could result in a fine of up to €400 (£340) and the deduction of four points from a driving licence.

Impact upon holidaymakers

Leading up to holiday season, British holiday-goers should familiarise themselves with local traffic laws and safety measures before driving abroad. As this development shows, even those who are used to driving in Spain will be well advised to acquaint themselves before travelling. Taking the steps to be aware of the rules of the road can help prevent collisions and ensure a safer holiday experience.

Unfortunately, despite taking all appropriate steps, you may be involved in a road traffic collision abroad that was not your fault.

If this has happens to you, these are the steps you may wish to take following a collision:

• Seek medical attention

Your health should be your first priority. Even if you think your injuries are minor, it is important you seek medical attention to ensure you receive the treatment you need. Shock and adrenaline can mask pain, and you may be suffering from injuries which are not easily visible such as concussion or internal bleeding.

Where possible, retain copies of any medical records relating to your treatment as they could provide crucial evidence when making a claim.

• Report the accident

If you have been involved in a collision it is important you report it to the local authorities. This may even be a legal requirement depending on where you visit. Reporting the collision will not only create an official record of the incident but it may assist in determining who was at fault. A police report can serve as vital evidence for any personal injury claim which may follow.

• Gather evidence

If you choose to bring a claim for your injuries, the onus will lay with you to prove your claim. Whilst in France, for example, traffic laws are very ‘claimant friendly’, this isn’t the case universally. Therefore, it is important you gather as much evidence as possible.

If there were witnesses, record their contact details so your solicitor can take a statement from them. Making a note of the weather conditions, road signs, and other relevant factors can also provide useful context when making a claim.

• Document your injuries and details of any financial loss

You should document your injuries and their progression over time. You can do this by taking photographs of any visible injuries and recording any treatment you receive.

If you have incurred financial losses as a result of the collision, make a note of these and, where possible, keep receipts as evidence. You may be able to claim these back either from your insurance or as part of your claim.  

• Notify your travel insurance and seek legal representation

Most travel insurance policies require prompt notification of collisions to cover medical expenses and other related costs. Delays in reporting the incident may affect your cover. It is therefore essential to notify your insurer of the collision at the earliest opportunity.

You may also wish to seek legal advice from a personal injury solicitor who specialises in cross border litigation to determine whether you have a claim for compensation.  If you intend to do this, you should do so as soon as possible as there can be shorter time limits for bringing a claim than if you were to bring a claim in England.

How we can help

In a previous article we set out examples of how our specialist solicitors have helped previous clients in a variety of cross border claims and how they may assist you or a loved one. Whether a British national who has sustained injury abroad, or where a foreign national is injured whilst visiting the UK, we will ensure you’re being taken care of.

Here at BBK we understand how overwhelming it can be to suffer an injury whilst in a foreign country. You may be unfamiliar with not only the legal system but also how to seek the appropriate medical assistance.

Our team of medical negligence and personal injury solicitors who specialise in cross border litigation will be able to guide you through this difficult and undoubtedly stressful time.