Following recent stints of bad weather, the highways are easily affected. Pot holes are increasing in size and numbers, generally in winter months.
When a highway authority, such as a council, undertakes to repair work on highways, they are responsible for making sure that the work is carried out safely and efficiently. They are also responsible for ensuring that the repair work is sufficiently completed and that the highway is returned to its original state / the safest possible state, whilst taking all steps necessary to avoid any hazards to the public.
Some repair work can cause hazards to the public, specifically work that requires excavation of the highway.
Fences around the working area and warning signs are usually used to make the public aware of the presence of the repair work; however, there are occasions when these are not used which can therefore be very dangerous to the unsuspecting public.
If a repair area is not sufficiently guarded, it can lead to accidents and sometimes can cause serious injuries. If the relevant highway authority fails to guard and warn the public about the work and an injury is caused as a result of this failure, then the highway authority may be liable for the injuries sustained, and a claim for personal injury could be brought against them.
If you are not aware of the danger or the likelihood of the danger, the law permits that it is not reasonable to expect you to walk staring at the floor and looking out for the danger. You would naturally be susceptible to walking in to street furniture, like a lamppost or a sign.
The highway authority have an important responsibility to ensure that you are sufficiently aware of the work being carried out and take all measures to ensure that an accident does not occur.
If an injury is caused, as a result of the failure to safe guard the public then this can have a significant effect on your life. Not only could you be suffering from a serious injury but also incurring losses on a daily basis as a result of not being able to attend work, travel expenses and medication expenses, it all mounts up. As an innocent victim in the matter, why should you not seek to be reimbursed and compensated for this? After all, it wasn’t your fault.
The first step in making a claim for your injury in a circumstance such as this would be to locate the authority responsible for the highway on which your accident occurred, as it is not always necessary the local council. Information with regards to your injuries, losses and details of their negligence will then be sent to the relevant authority for them to begin their investigations.
Although these types of personal injury claims are not always straight forward, here at The Injury Lawyers, we deal only in personal injury claims and therefore hold a wealth of experience and knowledge to be able to fight your case and create the best result we can for you, the victim.
So, if you have been involved in an accident which has been caused by the negligence of an authority to safe guard against the work being carried out on a highway, then please do not hesitate to call our free claims helpline on 0800 634 75 75 for no obligation advice about your accident.
