It’s no secret that in many areas the state of Britain’s roads are substandard. The cold snap we endured this winter probably didn’t help! Most pot holes are created by water seeping in to cracks in the highway surface. If the water freezes, it subsequently expands, putting pressure on the concrete and causing it to break. But who is responsible for it all, and what are the duties they have?
Most public highways are the responsibility of the local council to regularly inspect and maintain them, and ensure they are not a potential hazard people using them. If the local authority fails to do this, then they are liable to pay compensation to anyone suffering an injury through the state of the highways. So here are a few examples:
Council Trippers
It’s a common term we experts use for people who have tripped and fallen due to the state of the highways. It can range from anything to a straightforward pothole in the road causing someone to stumble and fall, to a cracked curb that crumbles under the feet of the helpless victim. Either way, falling on to concrete can result in some pretty nasty injuries. It’s so easy to break a wrist or an arm by landing hard from tripping over a hole in the road!
Motor Accidents on the Highway
Not only do potholes pose a pain to pedestrians, but vehicles on the road are also subject to the state of the highways! If a car loses control as a direct result of the state of the highway, and ends up crashing or causing a collision, the council may still be liable for compensation. If it can be proved that it was definitely the highway that caused the vehicle to lose control, then the council may be at fault. Motorbikes (and bicycles in general) are of course far more susceptible to any holes and cracks in the roadways.
Manholes
Personally, and this is nothing to do with superstition, I try to avoid walking over manholes! The reason being is that I have seen several successful claims for compensation arising from manholes collapsing on hapless victims. And the injuries you can sustain from this can be very, very nasty indeed! Manholes however are not always the responsibility of the local authority. In many instances, it is the provider of the manhole and the company responsible for whatever the manhole is covering. This is often local utility providers (water, gas, and electricity). You can still claim for compensation of course, as the responsible owner still has a duty to regularly inspect and maintain the manhole cover, and ensure it is secure. But your claim may be against another company as oppose to the council.
So what can you do if you have an accident as a result of the state of the highways? Speak to an expert independent injury lawyer of course! The council’s duty of care under Section 58 of the Highways Act 1980 means that an authority must regularly inspect and maintain the highway. If they can prove they have reasonably done this, then it is difficult to pursue a claim against them.
So it is all the more important to get expert advice and representation on claiming for compensation!
