Making a pothole accident claim

Potholes may seem like a relatively harmless part of everyday life, but they can cause serious accidents and injuries if they are allowed to get too severe. Local councils and highway agencies have a duty to ensure that our roads and pathways are fit for use and properly maintained. Where this doesn’t happen, and you are injured due to a pothole accident, you may be entitled to make a pothole injury claim.

What is a pothole?

Pothole is the standard name for any opening in a road surface caused by water seeping into cracks, before freezing in cold weather causing the water to expand and open up fissures and holes.

In some cases, these are so insignificant that you can drive or ride over them with ease; however, some potholes are so deep that they are highly likely to cause damage to vehicles and in some cases cause serious injury, especially if you're cycling.

There is no fixed definition for the size of a pothole, but most councils define them as being at least 40mm deep and will resist compensation claims where they are shallower than this.

What do I do if I hit a pothole?

Unfortunately, if you are a cyclist, you are quite likely to come off your bike and suffer an injury if you hit a pothole. However, it is important to record details of the pothole as soon as possible, to ensure that it can't harm anyone else as much as to enable you to claim for injuries and damage to your bike.

If you are unable to record details of the pothole, you may have to get a friend or family member to carry out the recommended actions below as soon as possible – ensuring that no-one places themselves in harm’s way to do so.

• Assess the damage to your car or bike, even if you are not injured, you still need to ensure that your car or bike is safe to proceed.
• Drivers should make sure that tyres are still intact, with no 'steel belt' showing and no bulges in the sidewalls. You should also grip either side of the tyre with both hands and check that there is no significant movement that could indicate wheel bearing or suspension damage.
• Cyclists should inspect their bikes carefully, making sure that not only are the tyres undamaged, but that forks are straight, and handlebars are properly aligned.
• If you are satisfied that your car or bike is safe and undamaged, you should then proceed with caution, though drivers should listen for unusual noises, and watch out for other signs of damage, such as the car pulling to one side when braking.
• You should also note the location of the pothole so that you can inform the local council of its existence as soon as possible to help keep others safe.
• Get the contact details of any witnesses. If there were any witnesses to the accident, it is a good idea to ask them for their names and contact details, as their statements may be crucial to the success of any claim.

What sort of injuries can I claim for in a pothole injury claim?

While they may seem relatively inconspicuous, potholes can pose the risk of serious injury or damage. Those most at risk are cyclists and pedestrians and accidents can range from a slight trip to a harsh fall that causes broken bones or head injuries.

Some of the more significant injuries that have occurred due to a pothole accident include:

• Knee injuries
• Fractured or broken bones
• Hand, wrist or elbow injuries
• Back or spinal injuries
• Head injuries

No matter the injury caused by a pothole, if negligence by another party has allowed the pothole to worsen and subsequently cause you harm and suffering, you could be entitled to make a pothole accident claim.

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Who is liable for a pothole accident claim?

If you’ve suffered due to a pothole accident, you may be left wondering what to do next and who is responsible for the negligence that caused your injury. It may not be as simple as claiming against your local council, so it is best to try to identify who could be liable.

Generally speaking, it will be either:

• The local council: Usually the first place many people turn, your local authority is responsible under the Highways Act 1980 for the maintenance of public pavements, roads and highways.
• Utilities company: Utility companies regularly need to dig up a road or pavement to access works for maintenance, repairs or upgrades. They are required to return any road or pavement disturbed in the process of their work to its previous condition, though this isn’t always the case.
• Private owners: Many car parks, for example, are owned by private companies and they should take all reasonable steps to ensure the land that they are using is maintained appropriately.

Why should I choose Slater and Gordon?

It can be incredibly distressing to suffer an injury in a public place, and many people are left feeling vulnerable and wondering what to do next. In such difficult circumstances, it is essential that you have the support of a reliable, skilled solicitor you can trust.

Our industry-leading team of solicitors have earned top ranking from independent legal guides (Chambers and Partners, and the Legal 500), as well as esteemed positions within the Association of Personal Injury Lawyers (APIL).

We know that moving forward involves more than just legal advice and compensation, which is why we work closely with medical professionals to determine the impact of your injuries long-term and identify any additional support and rehabilitation you may need.

If you've been injured in public and believe that negligence may have been the cause, contact us today to speak to an injury claims solicitor.