After a tough winter our highways have been left in somewhat of a state. The freezing temperatures have meant that potholes are now a common feature on our roads and pavements. Potholes can be particularly dangerous to road users as some of you may have found out. Damaging you vehicle is bad enough, but suffering an injury yourself is far worse. Despite local authorities attempting to deal with the problems caused by potholes, at The Injury Lawyers we are only too aware of the pitfalls of those remaining potholes. It therefore came as no surprise to learn that a young cyclist suffered a broken jaw as a result of cycling into a pothole.
This is the story of 17 year old Miss Wilkinson who has recently been awarded over £7,000 in compensation having broken her jaw cycling home after work in 2006. The York Press reports that Miss Wilkinson went flying head over heels over her handlebars after her bicycle wheel went down into a pothole. In a subsequent court case, the judge found that York Council was liable for her injuries – that is her jaw broken in two places and the trauma resulting from the accident. This was because York Council, who are responsible for their highways, had failed to carry out their duty to properly maintain their roads and paths.
Your local council has a duty to ensure the safety of its highway users. In other words, it must maintain its roads so that they are safe to use. As the judge in this case said himself – ‘The obligation to maintain the highway is a fundamental obligation of very long standing’. So how can the council do this? Well, by carrying out regular inspections of their highways. For example, at least every 6 months, or better still, every 3 months. Then, should any faults be identified, urgent action be taken to fix them.
If you have had an accident involving a pothole and have suffered injuries as a result, then it is important that you contact a quality injury lawyer who can guide you through your potential claim. It is through their expert advice that you may be entitled to recover the thousands of pounds in compensation you may deserve.
