For the most part, I expect that a delivery driver’s main concern when it comes to an accident is a road accident. With them being on the road so much, the likelihood of being in an accident is of course higher. But what about pothole accidents caused when you are employed as a delivery driver?
We all know that the state of our roads in some areas is extremely poor. And you may end up falling over due to a pothole on a delivery destination. Read on for more advice.
Driving over a pothole
Even in a larger vehicle the affects can still be felt if you hit a pothole; particularly at speed. If you drive over a pothole and you are injured as a result, the common action would be against the local highways authority if it happened on public ground.
The Highways Act 1980 puts a duty on whoever is responsible for the road to have a reasonable system of inspection and maintenance to look out for potholes. If they don’t have one, or it is not reasonable enough, or they have not adhered to it, you may have a claim.
How often an area is inspected is normally down to how busy the area is. A busy road may be inspected every month, whereas a less used country road could be inspected annually. If a pothole has been reported to them and the local authority has failed to act quickly enough, you may have a claim.
Falling over on a forecourt
If you are delivering at a destination, you may end up walking around a forecourt which of course could also be subject to pothole dangers. If it’s private land, perhaps owned by the business you are delivering to, then they can be liable if they fail to take reasonable steps to protect people from a pothole danger. You would think that they would be aware of it – so if they don’t cordon it or make it safe before repairing it, you may be owed compensation from them. Normally it’ll be the insurers that will deal with it.
So there are certainly grounds to win a claim. If you are injured as a result, give us a call on 0800 634 75 75 and we’ll see if we can help you out.
