Potholes are one of the UK’s most common problems. Not only are roads peppered with potholes across the nation, but these eyesores are also causing damage to vehicles as well as harm to members of the public. According to a freedom of information request, between 2017 and 2017 UK councils paid out upwards of £32 million in compensation for pothole injury claims. The victims of these accidents, whether in a vehicle, bicycle or on foot suffered from various personal injuries. Including fractures, soft tissue injury, lacerations, loss of teeth as well as head and neck injuries.
What is considered to be a pothole?
Potholes can be described as a depression or hollow in a road surface caused by wear or sinking. They appear often as a result of water presence within the underlying structure. Water weakens the soil beneath the road, traffic then passes over the affected area gradually breaking apart the poorly supported road surface and creating a hole.
The depth and width of potholes varies and they can pop up just about anywhere. If they become large enough, serious accidents can occur as a result. A study by the RAC found that 95% of councils won’t consider repairing or investigating potholes less than 5cm in depth. More than half of councils have set a minimum pothole depth of 40mm before.
Accidents caused by potholes
Cars
For car users, hitting a pothole can lead to sudden jolts or impacts, causing loss of control, tire blowouts, or damage to vehicle components such as suspension systems or wheel rims. The abrupt change in road surface can catch drivers off guard, especially at higher speeds, increasing the likelihood of accidents such as swerving into adjacent lanes or colliding with other vehicles. Additionally, potholes may be particularly hazardous during adverse weather conditions, such as heavy rain or ice, exacerbating the risk of hydroplaning or skidding when vehicles encounter these uneven surfaces, potentially resulting in collisions or spin-outs.
Cyclists
Cyclists face their own set of challenges when navigating roads plagued by potholes. The sudden appearance of a pothole can force cyclists to make split-second decisions, including attempting to manoeuvre around the hazard or riding over it at the risk of losing control. Even minor potholes can pose significant threats to cyclists, causing them to veer into traffic or lose balance, leading to falls or collisions with stationary objects. Moreover, the narrow profile of bicycle tires makes cyclists particularly susceptible to punctures or damage from sharp edges or debris within potholes, potentially causing accidents due to sudden loss of tire pressure or control.
Pedestrians
Pedestrians are also vulnerable to accidents resulting from potholes, especially when walking along poorly maintained sidewalks or crossing roads with extensive damage. Uneven surfaces created by potholes can trip pedestrians, leading to falls and injuries such as sprains, fractures, or head trauma. Furthermore, potholes located near pedestrian crossings or junctions can impede visibility for both pedestrians and drivers, increasing the risk of accidents such as trips or collisions. Inadequate lighting or obscured potholes, particularly during night time or inclement weather, further heighten the dangers faced by pedestrians, making it essential for authorities to prioritise road maintenance and repair to ensure the safety of all road users.
Who is responsible for pothole injury claims?
In the UK, the responsibility for pothole repairs typically falls under the jurisdiction of local councils or highway authorities. These authorities are tasked with maintaining the condition of public roads and ensuring they are safe for all road users. When a pothole forms or is reported, it is the responsibility of the relevant authority to assess the hazard and take appropriate measures to repair it within a reasonable timeframe.
If you have suffered an accident due to a pothole, you may have rights to compensation under UK law. The law imposes a duty of care on highway authorities to maintain roads in a reasonably safe condition. If they fail to fulfil this duty and their negligence leads to an accident, you may be entitled to compensation for any injuries, damages, or losses incurred as a result. To pursue a compensation claim, you would need to demonstrate that the pothole constituted a hazard, the responsible authority was aware of or should have been aware of the hazard, and their failure to repair the pothole in a timely manner directly contributed to your accident and injuries.
Trust Stonehewer Moss with your pothole injury claim
Instructing a trusted personal injury law firm like Stonehewer Moss Solicitors to handle your pothole injury claims can make all the difference in your journey toward compensation and justice.
As an APIL accredited firm with extensive knowledge of personal injury law and experience in navigating the complexities of personal injury claims, you can rest assured that your case will be in safe hands. From gathering evidence to negotiating with insurance companies and advocating for your rights in court if necessary, our team is dedicated to achieving the best possible outcome for you.
If you have been injured in an accident caused by a pothole, don’t suffer in silence. Contact Stonehewer Moss on 01606 872200 or email info@stonehewermoss.couk to see how much you could be owed in compensation.
To learn more about No Win No Fee claims, watch this short video.
Talk to our claims solicitor
Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
