Call FREE from a Landline or Mobile on 0800 634 75 75

Pothole claims against a council – advice from The Injury lawyers

The colder seasons of the year normally result in an increase in people making a claim for personal injury compensation as result of a pothole injury. Generally speaking, potholes are more commonly formed in colder weather because water seeps in to cracks in the highway surface and expands when it freezes overnight, causing the ground to crack and break open.

So if you are the victim of a pothole accident, what are your rights for a pothole claim against the council?

We have dealt with loads of pothole claims against councils, and I have been the victim of hundreds of pounds worth of car damage when I drove over one last year – so I know the mountain of stress and anger a pothole accident causes! But this area of law is unfortunately much more on the side of the local authorities.

Under the Highways Act 1980, there is a duty for the local council to take all reasonable steps to ensure that a person is not at risk of being injured by a pothole. Reasonable steps are to have systems of inspection and maintenance at intervals relevant for the type of road or area.

For example, a busy city centre road that is used to high volumes of traffic is probably inspected every one to three months. A country road may only be inspected every 12 months.

Having a system like this is taken to be a reasonable step in law. If the council had no prior knowledge of the pothole, perhaps as no one had reported it, and there was no inspection due for a while and they’ve kept to their regime of inspection, they can easily defend your claim. In fact, they have a special defence under Section 58 of the above Act that gives them the ability to easily dismiss a claim if they can show they have a sound system of inspection and that they have kept to it.

So to be honest, the odds are against you – which is why you need a specialist personal injury law firm like us to fight for your case because we know how to maximise your chances of winning a claim.

It’s all about evidence

Because we have so much experience in representing victims for pothole claims against the council,  we know how best to fight them and what kind of evidence we can obtain to give you the best chance at winning a claim. Make a claim as quickly as possible and speak to us about what steps you can take – because some evidence won’t be around forever. Always make the claim right away and speak to us before reporting the incident to the local council.

We have overturned many defences from a council in the past, and nowadays most claims go through an online portal system where they only have a very limited time to investigate the claim. They’re under a lot of pressure to respond so for minor claims they may just accept liability early if they are struggling to get a defence together quick enough.

Equally as important – we offer 100% COMPENSATION for pothole claims against a council!

For help and advice, call us now on 0800 634 75 75.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

Request A Call Back

Fill Out Your Details

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

NHS Email Leak
Search Our Blog
Free Instant Valuation
Compensation Calculator
Instantly Values Your Claim

Instantly value your claim for a head injury!

  Minor    Moderate    Severe

Instantly value your claim for a neck injury!

  Minor    Moderate    Severe

Instantly value your claim for a shoulder injury!

  Minor    Moderate    Severe

Instantly value your claim for an elbow injury!

  Minor    Moderate    Severe

Instantly value your claim for an arm injury!

  Minor    Moderate    Severe

Instantly value your claim for a hand injury!

  Minor    Moderate    Severe

Instantly value your claim for a torso injury!

  Minor    Moderate    Severe

Instantly value your claim for a mid-section injury!

  Minor    Moderate    Severe

Instantly value your claim for a back injury!

  Minor    Moderate    Severe

Instantly value your claim for a leg injury!

  Minor    Moderate    Severe

Instantly value your claim for a knee injury!

  Minor    Moderate    Severe

Instantly value your claim for an ankle/foot injury!

  Minor    Moderate    Severe

Find out how much your injury claim is worth!

Click on the injured body part to get your INSTANT FREE personal injury compensation valuation texted to your phone within seconds...

  Yes    No   Yes    No   Yes    No

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

Latest Blog Posts

Compensation for being sent home from hospital

Compensation for being sent home from hospital

Whenever we are admitted to hospital, we expect that doctors and nurses will care for us for as long as necessary before discharging us. This means, as much as possible, health professionals must elim...

Published on the 22/10/2021


Hospitals failing to meet promise of safe maternity unit

Hospitals failing to meet promise of safe maternity unit

According to recent reports, a number of NHS hospitals that said they had a safe maternity unit have had their claims reportedly proven wrong. Upon review, it was reportedly judged that seven trusts c...

Published on the 08/10/2021


Ian Paterson compensation claims

Ian Paterson compensation claims

The disgraced breast surgeon Ian Paterson is one of the most infamous medical practitioners in the UK. After practicing at public and private hospitals for many years, it was revealed that Paterson ha...

Published on the 24/09/2021


Dental injury compensation claims

Dental injury compensation claims

Over the course of our experience as specialist injury and medical negligence lawyers, we have represented many people for dental injury compensation claims. From incorrect extractions to misdiagnoses...

Published on the 10/09/2021


Leg injury compensation claims

Leg injury compensation claims

Leg injuries are the subject of some of the most serious injury claims that we deal with, as these injuries can often severely incapacitate the people they affect. Whether they involve a temporary bro...

Published on the 27/08/2021


Spire Healthcare court case comes to conclusion

Spire Healthcare court case comes to conclusion

A private healthcare provider has been fined after it was found that it failed to notify patients of potential treatment failures and problems within a reasonable period of time. The Spire Healthcare ...

Published on the 13/08/2021


Pelvic mesh compensation claims

Pelvic mesh compensation claims

In recent years, concerns about the safety of pelvic mesh implants have been raised after many women began coming forward to report the complications they had suffered. While many women have already c...

Published on the 28/07/2021


Serious neck injuries – advice from The Injury Lawyers

Serious neck injuries – advice from The Injury Lawyers

Anyone who has sustained serious neck injuries as a result of another party’s negligence may be eligible to ...

Published on the 16/07/2021


Serious road accidents

Serious road accidents

In the UK, there are thousands of injuries caused by road accidents every year, many of which involve significant pain and suffering for the injured parties. Falling victim to a road accident can be e...

Published on the 02/07/2021


Compensation for childbirth brain injuries

Compensation for childbirth brain injuries

In childbirth, both the safety of the mother and the baby are at stake. Fortunately, modern medicine means that giving birth is much safer than it used to be. However, sometimes, in cases where severe...

Published on the 18/06/2021


Categories
Archives
%d bloggers like this: