If you are a regular user of the UK road network, whether as a driver, motorcyclist or cyclist, it’s likely that you are already aware of the impact that local council and highways agency budget cuts are having on the state of repair our roads – with potholes being the most common problem. Due to the ‘freeze-thaw’ effect of winter weather, the pothole issue is also exacerbated in the winter months, with water permeating through cracks in the tarmac, then expanding when frozen causing the road surface to break up. Ever increasing volumes of traffic also contributes to making the problem worse.
Roads require regular maintenance. Councils are duty bound to keep them hazard free and safe through a programme of regular inspection to identify defects, and to also respond to complaints from the public. In addition to the regular, ongoing scheduled repairs, Councils also need to be able to respond quickly to road defects once they have been identified as being potentially dangerous. Response times to pothole repairs vary throughout the UK, but the same duty of care applies to all.
Potholes can result in two main claim types – for damage to your vehicle, and particularly if you are a cyclist or motorcyclist, for injuries resulting from hitting a pothole and coming off your bike or motorbike. To be able to make a claim for vehicle damage or personal injury, its important to identify the precise location of the offending pothole and, if safe, take measurements (width & depth) and photographs of the defect. A garage can provide a written report as to the extent of any damage to your vehicle, and in both cases, you should also report the defect to the council in writing (ideally in writing, so email is often best).
Evidence is the key start point to claiming for compensation following a pothole incident or accident – the more evidence you have to indicate that a road is or was dangerous, the more likely you are to be successful in your claim. To find out whether you have a valid injury claim following an accident caused by a pothole, contact one of our friendly and knowledgeable team for further advice on 0800 977 4852 or via email here.