Pothole Trip & Fall Compensation Claims
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Pothole Trip & Fall Injury Compensation Claims | No Win No Fee
Pothole Trip & Fall Compensation Claims
Potholes can be risky to drivers and pedestrians. In Britain, Potholes are prevalent on roads and footpaths, and they are dangerous for drivers, pedestrians, and cyclists. Keeping road surfaces, pavements, and walkways safe for use is the city council’s duty or Highway Authority.
They should fill in potholes as soon as possible, ensuring road safety. Road accidents can occur because of large potholes, and while avoiding them, the drivers lose control of the vehicle. Potholes on footpaths can cause slips, slides, and falls.
A lawyer may be able to help you make a personal injury claim to cover the costs of your injury, as well as the long term effects it may have on your life. They’ll help you and suggest whether you could make a pothole injury claim if you or your relatives or you are known to have suffered an injury as a result of an accident caused by a pothole.
You can contact our experienced legal adviser for free.
Claiming for a slip slide and fall (Pothole Trip & Fall Compensation Claims)
To claim compensation, local councils do have some rules on how deep a pothole can be. Some councils also require a pothole to have a minimum width, and it varies between councils, but most use 300mm as the benchmark. Some councils use 40mm depth as the standard.
Make a claim, and the pothole depth should meet the dangerous level and be classed as a ‘carriageway defect’. You can claim if your accident happened within the last three years. Your lawyer will need to be able to prove: maintain the road.
- The authority was responsible.
- The authority failed in that duty; and
- You suffered as a result of an accident or fall.
Claim against for a pothole accident
The Highway Authority has a legal duty to maintain public roads and footpaths. Under section 41 of the Highways Act 1980, they regularly monitor roads for any pothole or damage and repair it as soon as possible. If a pothole on a public road caused your injuries, you could claim Highway Authority or the local council.
If a pothole on private property is responsible for your accident, you can claim the private property owner. You will then need to prove that the owner failed to warn or maintain the property.
The defence under the Highways Act 1980
At first, it’s widespread for the other party to deny responsibility. In that case, your lawyer will showcase evidence and build a case to blame others.
- The court will consider who’s responsible :
- The type of highway and the kind of vehicles meant the road for
- They keep up for the type of highway.
- If the Highway Authority was aware that the road is dangerous
- Whether any warning signs were on display
For a claim you need to make evidence
To help your lawyer, you can gather evidence to prove that the person responsible for maintaining the road was careless.
- Try to gather:
- photos of where the accident took place and the pothole
- Your injuries photos
- A written account detail of the incident
- Names and contact details of any witnesses
- Copy of police report
Report the pothole to the local authority whenever you notice. If you suffered any injuries, your lawyer would get a free medical assessment for you.
The compensation you receive for your pothole accident
Your compensation depends on your accident, and it’s difficult to tell exactly how much you could receive before starting your claim. It depends on the extent of the injury and its effect on your life. Your lawyer would give you a good idea of your compensation amount if you gave them some more details about your accident.
You can claim on behalf of a child. (Pothole Trip & Fall Compensation Claims)
When caused the accident because of somebody else’s carelessness, it can be disturbing to see your child injured. You can claim on behalf of your children. Else they can claim once they turn 18 and until they turn 21.
Contact our experienced adviser as soon as possible to start the claim process for compensation.