Whilst it was nice to have a little bit of snow over the festive season, it has resulted in a lot of potholes being formed which have resulted in accidents and injuries caused to both pedestrians and drivers alike. Weather reports are now warning of a big freeze hitting us over the next few days which maybe set to leave our roads in even more of a dangerous condition.
Its likely more potholes will form and it’s likely there will be an increase in road accidents – so here is what you need to know if you are the victim of an incident where the weather is involved.
Car accident claims on icy roads
Any failure to take extra care when the roads are icy will naturally lead to more incidents. Failing to stop in time due to skidding on ice is no excuse if the end result is a road accident. Whether it’s at junctions or when traffic comes to a slow, or where drivers pull out of side roads, the weather cannot normally be used as an excuse or a defence.
If the weather is a contributing factor and you are the innocent victim, you should still be able to make a full claim.
If you have been involved in a non-fault accident you should contact our specialist team for advice on helping you with a no win, no fee claim. Road accidents are usually fairly straightforward when it comes to settling and we can do all of the leg work for you.
Pothole claims
Unfortunately pothole claims are notoriously hard to win. We can normally still investigate a claim on a no win, no fee basis if the size of the defect is large enough to warrant intervention from highways authorities – so please do get in touch.
What you need to do is simple:
- Seek medical attention first and foremost, of course
- Take several photos of the pothole from several angles to show –
- It’s clear location – perhaps by using something in the shot as a landmark like a lamppost or shop front
- The depth of the defect using measuring instruments like a tape measure or ruler
- The width of the defect using the above instruments
Potholes can literally form over night – when water seeps in to the cracks in the concrete and expands when it freezes overnight, it can break open the surface and result in a sizeable and dangerous defect. The legal duty of the council or highways authority responsible is to inspect and maintain the area at intervals that reflect the business of the areas.
At the same time, they do have a duty to act on information about a new defect.
But when they spring up overnight, they may have a legitimate defence. Start your claim with us and we can find this out for you as soon as possible – all on a no win, no fee basis.
