Recently there has been much discussion in the news regarding the state of our highways – this has mostly been about potholes. An article on Sky News states how councils cannot afford to pay the 10 billion pounds needed to get our highways back up to a good state of repair. Furthermore, a report from the Asphalt Industry Alliance states how councils in many instances have been unable to repair potholes caused by the cold weather at the end of 2010 before the cold snap hit again in 2011. So, we can see from the media there is a problem with the state of our highways, and these funding issues may remain for some time. So, it seems like a good time to discuss potential personal injury claims that come as a result of pothole damage.
A pothole can be a tripping hazard to pedestrians, or a hazard to any vehicles driving over them. Vehicles such as motorbikes, mopeds and bicycles are particularly vulnerable when it comes to defects on the road surface; potentially causing catastrophic accidents.
If you have suffered an injury as a result of a pothole, and it was not your fault, then you may have a claim for compensation. It is advisable to get the advice of a specialist personal injury lawyer with pothole related claims, as many of them can be complex. It can firstly be a complex issue to ascertain who has responsibility for the land – i.e. does the council have responsibility for it? If so, which council? Is it a private owner? Secondly, it can be difficult to actually get the council to admit fault.
Councils have a duty to keep the highways as safe as is reasonably possible for all who use them. To do this, councils often have policies in place of how often roads should be inspected and maintained. If the council have acted in line with their inspection and maintenance policies, but the defect that caused your accident appeared at a time between these checks, it may be difficult to succeed with a claim. It is Section 58 of the Highways Act that allows the council to have a special defence; i.e. that they have acted in line with their policies. If the council has not acted in line with their policies, or have not acted upon a complaint from a member of the public regarding a defect with the highway, you may have a potential claim.
On the other hand, if your accident took place on private land, such policies may not exist, and inspection and maintenance checks may have been neglected for some time. This can make your claim more likely to succeed.
At The Injury Lawyers we have a vast amount of experience in dealing with pothole claims against both the council and private owners of land. We give free claim assessments, so you have nothing to lose by telling us your accident circumstances and gaining our advice.
