If you have been involved in an accident as a pedestrian as a result of tripping or slipping on a pothole, and have sustained injury, you may be entitled to make a claim for compensation.
We have assisted clients in making claims for a broad range of injuries following accidents arising out of potholes from minor sprains through to serious spinal injuries. We fully understand the impact your action may have had on you, your ability to work and even your ability to carry out day to day tasks.
Can you claim compensation for a pothole injury?
A pothole is the industry standard name for any opening in a path or road surface caused by cold weather as a result of water seeping into cracks and expanding. This results in a defective pathway or road surface.
A pothole is considered an actionable defect if it is more than 22mm deep on a public footpath, or 40mm on a roadway. It is expected that in towns and cities, where there is generally a higher number of pedestrians using the pathway or roadway, there may be a higher standard of care required. Depending on the circumstances of your claim, even if the pothole is less than 22mm or 44mm deep you may be able to claim regardless of those measurements. That will depend on the location of the defect.
It is usually local Councils which are responsible for ensuring pathways and roadways are pothole free. They also have a responsibility to ensure that identified potholes are repaired and correctly categorised. Pothole claims often require extensive investigation which involve recovering Freedom of Information documents. Our specialists have a wealth of experience in successfully recovering compensation from local Councils.
What should you do if you hit a pothole?
If you are a pedestrian or cyclist and have suffered an injury as a result of tripping, slipping or falling due to a pothole, if possible, can you take photographs to illustrate the depth of the pothole at the time of your accident. You should include a ruler in your photograph showing the depth of the hole. It is also important to get details of any witnesses to the accident who could speak of the pothole. If nobody witnessed the accident directly, any local residents who could speak to the pothole would assist greatly in establishing liability in your case. If you are unable to record details of the pothole at the time of your accident, it can be very worthwhile having a family member or friend take the photographs for you. You should then seek medical treatment if required at either your GP or local accident and emergency department. If required, an ambulance should be sought for your conveyance to hospital if you suffer serious injury.
Is there a time limit to making a claim?
In Scotland, you have three years from the date of your accident to make a claim so it’s vital that you speak to a specialist solicitor at your earliest convenience. After a pothole has been identified, the local authority will likely take quick steps to repair it so it’s vital that photographs are taken on or around the time of your accident. If no photographs exist, it can be harder to establish liability and therefore prospects of success will be lessened.
Our specialist team of solicitors can discuss any potential claim with you and assist in recovering compensation for pain and suffering, treatment costs, loss of earnings and out of pocked expenses. An accident can have a significant effect on you, and we are here to recover compensation on your behalf from the at fault party.
Get in touch
If you have suffered such an accident as a pedestrian or cyclist please contact us as soon as possible after the accident on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you.
