I think now that we coming into Spring it is a good time to assess what damage a harsh winter has had on our highways. I know when I drive I like to at least attempt to avoid driving over potholes and thus elongate the life of my tires as much as possible. However there is not just the issue of what damage a poorly maintained road can do to your car; there is the issue of public safety.
Many clients come to us after having had an accident on the road that is due to a pothole. The most vulnerable road users are those who ride bicycles or drive motorbikes or mopeds. These types of vehicles can more easily be knocked off course causing it to collide with another vehicle or simply knocking it off course and causing it to crash off of the road. This being said, there are also many claims we have here at The Injury Lawyers where potholes have caused cars to crash.
If you have been in a road traffic accident that was caused by any type of fault with the highway, pothole or otherwise, then you may have a claim for compensation. If you do have a road traffic accident it may be important to report it to the Police. Police reports can be used as evidence in any later personal injury claim you may have. You should seek medical attention for your injuries – this not only allows your injuries to be assisted with, but also allows the medical professional to make a record in your medical notes.
It is advisable to seek the advice of a specialist personal injury lawyer with any highways claim. Highways claims can become fairly complex as it depends who has responsibility for the maintenance of the particular location where your accident took place. If the area is the responsibility of the Highways Agency or the local council, there is a duty to ensure the highway is reasonably and regularly maintained. What is deemed as ‘reasonable’ is set by the local authority itself within policies – if they have not acted as they should by these policies, then your claim for personal injury may be strengthened.
If, however, the location of your accident was privately owned – there may be no such policy document, as mentioned above, in place. This may make a personal injury claim more likely to succeed.
