Let’s say you have had an injury as a result of a pothole or a defect in the street that should have been filled in ages ago – can you make a claim? Who do you claim against? How do you claim? In this blog we hope to shed some light on the matter and help you understand the process of making a claim under these circumstances.
The Highways Act 1980
The Highways act is a piece of legislation that is in place to make sure that there are always precautions in place to help prevent any injury to members of the public when using the highways. This can cover many things such as injuries from potholes, manholes with no covers, uneven paving, and places where council maintenance work has been done which have left a site or area in a dangerous state.
It is in place to protect you from all the above things and means that if you have an injury as a result of precautions not being taken then you have the right to make a claim.
Who do I claim against?
If you have had an injury as a result of steps not being taken to ensure your safety when using the highways then you may be able to make a claim against the local council as they are responsible for maintaining the highways. If we can prove that they either haven’t taken reasonable steps, or have failed to uphold their policies in taking reasonable steps, then you may have a claim.
Can I win a claim against the council?
Absolutely. If the local authorities have failed to adhere to their duties under The Highways Act then you are completely entitled to make a claim against them. As long as the we can prove that they have failed to adhere to this and that the cause of the accident was left in a ‘dangerous’ enough state then you should be able to make a claim against them.
The reasonable steps that they have to take are usually through the use, and adherence to, systems of inspection and maintenance. They can inspect highways at suitable intervals to check for hazards. On top of this they must act on any knowledge of information of a danger as soon as possible.
How do I claim?
Just pick up the phone and speak to one of our advisors on 0800 634 7575 and we will talk you through the claim and determine whether we can proceed. Here at The Injury Lawyers we are specialists in our field and will be able to make a claim where possible, and get you the maximum amount of compensation you deserve.