If you’ve been injured in an accident involving a pothole then you may be able to make a claim for compensation. Pothole accidents can happen to cyclists, motorists or pedestrians, and the injuries involved could cause physical and psychological trauma and have a negative financial impact.

Our experienced road traffic accident claims solicitors pothole accident claims against local authorities responsible for the condition of roads and footpaths as well as private organisations in charge of spaces such as car parks. If you’ve been injured after tripping over a pothole, coming off your bike or crashing your car then contact Beacon Law today for a free initial consultation.

If we think your pothole accident happened because another party was negligent then we’ll explain the claims process and get to work building a case to win the compensation we think you’re entitled to.

Who is liable for the injuries caused by a pothole accident?

The party responsible for the injuries caused by a pothole accident is the party responsible for repairing and maintaining the location of the pothole. This could be a road, pavement, footpath or car park.

The Highways Act 1980 states that all public roads and footpaths have to be maintained in a condition which means they can be safely used by ordinary traffic. In the majority of cases this is the responsibility of the relevant Local Authority, and if they fail to repair potholes which have been reported then they may have behaved negligently.

If the pothole which caused your accident was located on private property then the claim for compensation will be made against the party responsible for the space in which the accident happened. In legal terms this party is known as the occupier, and they have a duty of care to take reasonable steps to keep people using the space safe.

This duty of care is set out in the Occupiers’ Liability Act 1957. In some cases the responsible party will be a utility company which has dug up a road or pavement and then failed to return the surface to the condition it was previously in.

If you provide us with the details of your pothole accident we’ll be able to explain whether you have the grounds to make a claim for compensation, and who we think the party liable for your injuries is.

How deep does a pothole have to be to make a pothole accident claim?

There is no strict legal definition of a pothole, but most councils in the UK work with the following criteria:

• A defect in a road surface must be a minimum of 40mm deep in order to be classed as a dangerous pothole
• A defect in a pavement must be a minimum of 25mm deep in order to be classed as a dangerous pothole

If a responsible party has been made aware of the presence of a pothole of this size and failed to carry put repairs within a reasonable period of time then you may be able to claim on the basis of negligence. These figures are only a rough guide, however, and it may still be possible to claim compensation on the basis of a smaller pothole if it can be proved to have caused serious damage.

What are the most common pothole accidents?

Potholes in roads or pavements can cause a wide range of accidents, from slips, trips and falls to car crashes and bicycle accidents. Some of the more common pothole accidents we deal with at Beacon Law include the following:

Motorists

Driving through a deep enough pothole could cause you to lose control of your vehicle leading to a crash which causes injuries. If the local authority responsible for maintaining the highway in question was aware of the pothole and failed to take steps to repair it reasonably quickly then they could be held liable for those injuries.

Cyclists and Motorcyclists

Cyclists and motorcyclists are particularly vulnerable to injuries caused by pothole accidents as a pothole could, even at a relatively low speed, throw them from their bike or motor bike. Coming off and hitting the road surface could cause injuries ranging from cuts and grazes to broken bones and serious head injuries.

Pedestrians

As a pedestrian you could be involved in a pothole accident in one of two ways. You could trip or fall directly after walking over a pothole and be injured by the impact, or you could be struck be a vehicle after the driver loses control when going over a pothole.

In both cases, the injuries caused by the impact could include broken bones, cuts, bruises and grazes.

What is the process for a pothole accident claim?

In the immediate aftermath of any pothole accident which causes injuries you should seek medical attention. Prompt medical treatment will increase the chances of recovering from your injuries at the same time as creating an official record of the pothole accident and the injuries you received.

We understand how upsetting it can be to be injured in an accident of this kind, and your first instinct might simply be to concentrate on recovering and getting on with your life. A pothole accident caused by negligence means that you’ve been let down by someone who owed a duty of care to you, however, and compensation will help with the recovery process and ensure that you aren’t left financially worse off.

We make this as stress-free as possible by breaking the claims process down into a series of simple steps, beginning with an initial free consultation. If we think you have the grounds to make a pothole accident claim we’ll take the following steps:

We’ll take a detailed statement from you in which you can explain how your pothole accident happened, how you were injured and what the impact of those injuries has been

We’ll arrange an examination with an independent medical expert. They will then produce a report explaining the precise nature and severity of your injuries, the prognosis for a recovery and the likelihood of you needing more treatment in the future.

We’ll gather evidence to support your claim in addition to the medical report and your detailed statement. This evidence will include:

• Your medical records and particularly those referencing the treatment you have needed since sustaining injuries in a pothole accident
• A copy of any police report into the pothole accident – any road traffic accident which causes injuries has to be reported to the police
• Photographs of the scene of the accident and of the pothole itself with the size and depth made clear
• Statements from any witnesses who saw the pothole accident happen
• If any vehicles were involved in the pothole accident then we will take down details such as the make, model and registration number and the contact details and insurance information for any drivers
• Any CCTV footage of the accident which is available
• Any dash or helmet cam footage of the accident which is available
• Documentation linked to the financial impact of the pothole accident, such as bank statements, wage slips, bills and receipts

We’ll contact the party we think is liable for your injuries and tell them that you intend to claim compensation. The strength of the case we present means that liability is often admitted at this stage.

Once liability has been admitted we will negotiate the fairest possible compensation award. Although we like to settle claims quickly, using our dispute resolution skills to avoid having to go to court, we never settle for less than 100% of the compensation we think you’re entitled to.

In a small minority of cases we can’t reach an agreement on liability or a fair compensation payment, and the claim has to be settled in court. If this happens we will support and represent you throughout, presenting your claim in a clear and forceful manner.

How much compensation could I get for a pothole accident claim?

The amount of compensation you could get if your pothole accident claim is successful could be a few thousand pounds if the injuries you suffered were relatively minor with a quick recovery expected, ranging up to hundreds of thousands if your injuries are life-changing and will require on-going treatment and care. In all cases the compensation amount will consist of general damages and special damages.

General Damages

General damages are calculated to reflect the nature and severity of the injuries you have sustained, as well as the physical and psychological pain and distress they have caused and the degree to which you have been stopped from doing things like enjoying hobbies and interests.

The amount will be decided with the help of a specialist publication called the Judicial College Guidelines. The JGC sets out payment ranges for specific types of injury. Examples in the latest edition which could apply in a pothole accident claim include the following:

• Severe back injury with spinal cord damage – £85,470 to £151,070
• Moderately severe brain injury – £186,890 to £240,590
• Paraplegia (loss of leg function) – £267,340 to £346,890

Following an independent medical evaluation we will have a full understanding of the nature and extent of your injuries, and will be able to make an estimate of how much we think you could receive in general damages.

Special damages

Special damages are intended to compensate for the financial impact of your injuries, and should return you to the financial position you would have been in if the accident had never happened.

They will include any earnings or pension provision lost because your injuries have impacted your ability to earn a living, and direct expenses linked to those injuries, such as the following:

• Money you have to spend on medical treatment or care, now and in the future
• An amount intended to compensate for any time spent caring for you by people such as friends and family
• Money which you have to spend on specialised equipment needed because of your injuries, such as mobility aids
• Money which you have to spend adapting your home or vehicle in order to deal with your injuries
• Money which you have to spend on counselling or therapy as a result of the psychological impact of your injuries
• Money which you have to spend travelling to and from medical appointments needed because of your injuries

Is there a time limit on making a pothole accident claim?

Yes, there is a time limit of 3 years on making a pothole accident claim, running from the date on which the pothole accident happens. After the 3 years are up you will no longer be able to start a claim, with the following exceptions:

• If you were under 18 at the time of the pothole accident then the 3 year limit will run from your 18th to your 21st birthday
• If you lack the mental capacity to start a claim during the 3 year period then the time limit will run from the date on which you regain capacity

Although the 3 year limit applies we always recommend starting a pothole accident claim as soon as possible after the accident happens. The details of the accident and the impact it has had will still be fresh in your mind, and the sooner you start your claim, the sooner you’ll get any compensation you’re entitled to.

Can I make a no win no fee pothole accident claim?

Yes, if you make a pothole accident claim with Beacon Law then we will work for you on a no win no fee basis. This means the following:

• You won’t have to pay anything up-front or while we gather evidence and negotiate on your behalf
• We will only take a fee if your claim is successful and compensation has been paid, and it will never be more than 25% of the money you receive
• If your claim is unsuccessful then the legal costs of the other party will be covered by after the event (ATE) insurance we take out on your behalf

Why should I choose Beacon Law for my pothole accident claim?

You should choose Beacon Law for your pothole accident claim because we know what it takes to prove negligence in claims of this kind, and have a track record of winning compensation for our clients from bodies such as local authorities. We’re also fully aware of everything you can claim compensation for, and will always work to win 100% of the compensation we think you’re entitled to.

In addition to legal expertise and case-hardened experience we offer client care which means you will be treated as an individual dealing with a difficult situation, and not just another case number. We provide one to one support in a tailored and empathetic manner and will guide you toward any further support and help you need.

We’ll keep you fully informed of the progress of your case throughout, communicating in clear, accessible English and avoiding legal jargon. We work on your behalf with the minimum of stress, leaving you free to concentrate on making your recovery and coming to terms with what has happened to you.

If you’ve been injured in a pothole accident and think it was caused by negligence then contact Beacon Law today. We’ll explain how the claims process works and get to work seeking the compensation we think you’re entitled to.