Now I’ve written a few blogs before on compensation for our brave war heroes injured in the line of duty; I myself have the maximum of respect for our armed forces. And I have previously covered claims against the council; with the most recent one being my cover of the Scams, Claims and Compensation Games program that took an in depth look in to the subject. But I never thought I’d ever cover both subjects in one blog… but according to sources form the Daily Mail, this next story falls in to both categories.
Daily Mail has covered the story of the war hero who survived Taliban attacks abroad, only to tragically killed due to a pot hole in the road (source). Its certainly a sad story to hear; Twenty nine year old Captain Jonathan Allen reportedly suffered major head injuries as he swerved to avoid a puddle filled pot hole at the side of the road whilst riding his bicycle, unfortunately in to the path of an articulated lorry. It is assumed that he allegedly did not see the pot hole until last minute, and the hole has been since filled in by the council just days after this tragic accident.
According to sources, the local residents have stated that the roads have been in “shocking condition” since the cold winter snap that left the road in a poor condition. In fact, the report details that experts in the last two months have stated that British roads require billions of pounds of reparation work following the two cold winters that have left our roads riddles with potholes.
Tidworth Town councillor Andrew Connolly, said: ‘This hole was more like a trench than a pothole. There is absolutely no doubt in my mind that this crater was a direct causal factor behind this young man’s tragic death.” Reportedly the accident occurred in the evening when the area was dark; making the water filled hole even harder to avoid. The counsellor went on to say “either way, the pothole was undoubtedly to blame. It’s a real problem around here and the state of some of the roads are shocking.”
Currently investigations are ongoing. But given the above, the conclusions may leave the council liable for the accident. The report goes on to say that the number of holes in British roads has shot up by 60% in the two years, and the cost of fixing them has been billed at around £10billion!
The council have an important duty of care to maintain the public highways and ensure they do not cause anyone to come to harm. This story is an unfortunate and extraordinary accident that has ended in tragedy; and it illustrates the extent of the danger potholes and defects on the highway can cause.
Although the defect itself is already a danger, when you take in to consideration the hole filling with water and the lack of light, it becomes significantly dangerous.
Our advice if you have been injured due to a defect in the highway (a pothole, dangerous paving slab, cracked curb etc) is to speak to an expert independent personal injury lawyers on your prospects for claiming!
