Council Claims

We have many clients approach us after tripping on a defect on a public highway. After a harsh winter and the coming of Spring, I feel it is a good time to address the issue of claims against the Council for accidents stemming from a defected highway. Potholes can occur for a multitude of reasons – but after a long harsh winter, it is highly likely to be due to frost. The frost and ice seeps into small cracks in the highway which then expands to form larger cracks which can further crumble away to form large pot holes. These pot holes can form a major hazard to pedestrians on the pavement, or to vehicles if on the road. Vehicles which are especially vulnerable to pot holes are motor bikes, mopeds, and bicycles, which can be easily knocked off course due to a defect in the road surface.

What to do

If you have had an accident stemming from a defect on the road and it was not your fault, then you may have a claim for compensation.

You should take photographic evidence of the defect as soon as possible.  After reporting a hazard on a highway the Council in fulfilling their public duty may repair the defect as soon as they possibly can, so photographs should be taken quickly prior to repairs. The photographs should also be clear photographs of the defect – even placing a ruler in the pothole to show the depth of it is useful.

You should seek medical assistance for your injuries, as this not only assists with your injuries, but allows the medic to place a note in your medical records.

Check for any witnesses to the accident, and if present, obtain their details. Witness evidence can prove to be very valuable in supporting claims against the Council.

Lastly you should seek advice from a specialist personal injury solicitor – claiming against the Council can be quite difficult and complex, so a solicitor with experience in this area is advisable.  Often with council claims, success of the claim depends on their policy of inspecting and maintaining the roads. If they have not completed their duties in line with their policies, then it may be that you are successful in your claim.

If you would like any information on claiming against the council then feel free to get in touch.