At this time of year everyone starts to notice the increasing number of potholes in the roads and pavements. We all know that potholes are often created and made worse when the weather turns bad, however, few try to do anything about it.
How are potholes caused?
Potholes are caused when the asphalt road surface cracks due to heat or excessive traffic. During the winter, these cracks will fill up with snow and water. This water will freeze and expand during colder nights, weakening the underlying supporting soil, pushing it out through the cracks and creating ‘unseen’ holes. Traffic will continue to weaken this area, until holes appear in the road.
Pothole injury claims
We regularly act for Claimants who have been injured as a result of potholes in the roads or pavements. Highway Authorities, including County Councils and the Highways Agency, have a duty to maintain the roads. If they fail to do so they may be liable for any damage or injury caused by that failure.
The Highway Authorities can avoid liability for an accident where they can prove that they have a reasonable system of inspection and repair. In a claim for personal injury this usually means that the Claimant needs to prove that the pothole, or any defect on the road or pavement, should have been known of by the Highway Authority before their accident. This may mean gathering evidence about whether the defect had been reported to the Highway Authority or that the defect had been present at the time of the last inspection.
If you have been injured as a result of a pothole or any defect in the road or on the pavement then it is important that photographs of the defect are taken. These should be taken in daylight from various distances including a ground level view of the defect to show how high it is. Ideally any photographs should include a tape measure so that the precise height, width and length of a defect can be ascertained. Sometimes, the defect is clearly so big that this is not necessary.
Any Highway Authority is likely to be liable for an accident if it can be shown that a defect was reported to them but they failed to do anything about it. You can report defects directly to the Highway Authority responsible by firstly entering your postcode on this Government website.
How Nelsons Can Help
If you have suffered an injury due to a pothole or other defect in the road, please call 0800 024 1976 or contact us via our online form to see if our Personal Injury team in Derby, Leicester and Nottingham can assist you in pursuing a claim for compensation.