Pothole Accident Claims
100% No Win No Fee
Free advice on how pothole accident claims work and the types of incidents you could claim for.
Excellent Reviews On
Pothole Accident Claims
100% No Win No Fee
Free advice on how pothole accident claims work and the types of incidents you could claim for.
Excellent Reviews On
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Most parts of the UK are seeing more potholes than ever for one reason or another. Pothole accidents can cause unexpected injuries and inconvenience. Importantly, in some cases, you could be entitled to compensation for any suffering caused by a pothole accident. Therefore, in the course of this article, we break down what a pothole accident claim involves, when you may have grounds to seek compensation, and the process you can expect.
Our experienced team has successfully represented many clients in cases just like these, guiding them with care and professionalism every step of the way. We are here to help you understand your options and a No Win No Fee solicitor may offer to help you claim the compensation you deserve.
If you’re wondering whether your own accident might entitle you to compensation, please read on – we’ll help you understand your rights and the steps involved. You can also contact us online or call 0333 091 8598 to speak to one of our friendly team members for tailored advice.
An Overview Of Pothole Accident Claims
Pothole accident claims relate to injuries that occur because a road, pavement, or public path was not properly maintained and featured a dangerous pothole. Councils and landowners owe a duty of care to properly inspect public areas and ensure that they are safe for all users. When they fail in that responsibility, and you’re harmed as a result, you may have grounds to seek compensation.
In essence, a pothole accident claim aims to recover damages for:
Physical injury or emotional distress suffered after a fall or trip due to a pothole
Financial losses such as lost earnings or specialist treatment costs
Unexpected expenses such as travel to medical appointments or care costs
The process is designed to put you back in the position you would have been in, had the accident not occurred. While the majority of claims target local authorities, private car park operators, landlords, or businesses can also be liable where their property includes a pothole that has caused injury.
If you’d like us to check if you’re entitled to claim, please call today and ask a for a free review of your case.
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When Are Pothole Accident Claim Possible?
To have a valid pothole accident claim, you must be able to show that:
Another party owed you a duty of care; and
Due to a breach of that duty, you were involved in an accident caused by a pothole; and
You sustained an injury or injuries during the accident.
How Big Does A Pothole Need To Be?
To make a successful claim for a pothole accident, the pothole typically needs to be substantial enough to pose a genuine hazard to vehicles. Generally, a pothole must be at least 40 mm deep for claim eligibility.
The local authorities are expected to maintain roads to a reasonable standard; thus, if a pothole is large enough to cause significant damage, you may have grounds for compensation. It is advisable to document the size and condition of the pothole, along with any damage incurred and the circumstances of the incident, to strengthen your claim.
Common Pothole Accident Injuries
Injuries caused by pothole accidents can range in severity. Among the most common are:
Sprained or broken ankles.
Fractured wrists or arms.
Head injuries or concussion.
Serious cuts or lacerations.
Bruising or soft tissue injuries.
Back or spinal injuries.
Even relatively minor injuries can have a significant impact on your daily life, especially if they lead to time off work or disrupt your normal routine. To check if your injuries could be claimed for, why not contact our team today?
Typical Reasons For Pothole Accident Claims
Several types of incidents give rise to pothole accident claims. Recognising the type of accident you’ve suffered helps establish liability and prove your claim. The most frequent scenarios include:
Tripping over a pothole on a public pavement while walking.
Cycling accidents caused by hitting a pothole on a cycle path or road.
Motor vehicle damage or driver injury after encountering a deep pothole.
Mobility scooter or wheelchair accidents due to uneven surfaces.
Slips and falls in private car parks with potholes.
Accidents in retail parks, shopping centres, or other publicly accessible places.
Each situation can have its own unique challenges, so documenting the circumstances as soon as possible is crucial.
How To Make A Stronger Claim
The success of a pothole accident claim often hinges on the quality of the evidence you provide. Here’s what can bolster your case:
Clear photographs of the pothole (with measurements if possible).
Photographs of your injuries and the footwear or vehicle involved.
Medical reports or records relating to your injuries.
Witness statements from anyone who saw the accident.
Copy of any reports you made to the council, shop, or business responsible.
Proof of any expenses linked to the injury (receipts, payslips, travel costs).
If you don’t have a ruler or tape measure handy, try to include a standard coin or similar in the photograph to help prove the depth of the pothole.
Collecting this evidence quickly increases your chances of success. However, when we take on public liability claims, our solicitors can often request evidence during the claims process. Therefore, don’t be put off from contacting us just because you don’t have a lot of evidence.
Time Limits
You generally have three years from the date of your accident to begin a claim for pothole-related injuries.
However, if the accident involved a child, the three-year period starts from their 18th birthday. This allows more time to claim as parents can act on the child’s behalf at any point before they turn 18.
If you would like us to confirm how long you have to start a pothole accident claim, please call today.
The Claims Process
Starting a pothole accident claim might feel complicated, but with the right guidance, it’s far more straightforward than most expect. If you decide to work with us, our experienced team takes you through every step, ensuring that you’re well-informed and supported.
Here’s an outline of how the process typically unfolds:
Initial Consultation: We listen to your story and discuss the circumstances of your accident. This is always free and with no obligation.
Evidence Gathering: We advise on what evidence will make your case stronger and help you obtain any missing materials.
Establishing Liability: Our solicitors investigate the site, assess maintenance records, and determine who is legally responsible.
Submitting the Claim: We prepare and submit your claim to the responsible party or their insurers.
Negotiation: We negotiate with the council or their representatives to seek the compensation you deserve.
Resolution: Most claims settle out of court, but if necessary, we’ll support you through any court hearings.
With our support, you’ll have a dedicated point of contact throughout, regular progress updates, and answers to your questions as they arise.
The Benefits Of No Win No Fee Pothole Accident Claims
One of the main concerns after any accident is how to afford legal help. That’s why we offer a No Win No Fee service for pothole accident claims. Here’s how it helps you:
No financial risk to start your claim: You pay nothing upfront
Nothing to pay if the claim is unsuccessful
Peace of mind: You can focus on your recovery rather than legal fees
Access to justice: Everyone, regardless of means, can pursue their claim
We act in your best interests and make sure you’re fully aware of any fees before your claim begins. To find out more, please contact our team today.
Try Our Compensation Calculator
Take a look at our compensation calculator to get a broad idea of what an accident at work payout could look like. The figures used in this calculator are taken from the Judicial College Guidelines (JCG), which is a document that provides guideline compensation brackets for different injuries and illnesses.
Compensation Bracket: 0.00
Please note that these are not guaranteed amounts, and that this calculator doesn’t take special damages into account. Contact our team today to learn more about compensation in manual handling injury claims.
Contact Us For Free Advice On Pothole Accident Claims
Deciding whether or not to pursue a pothole accident claim can be difficult – especially when you’re still recovering. That’s why our team offers free, confidential advice to help you weigh up your options with no obligation to proceed further.
If you’d like a friendly, no-nonsense chat, don’t hesitate to contact us online or phone 0333 091 8598. We’re always happy to listen and guide you towards the right course of action for your unique circumstances.
Pothole Accident Claims FAQs
Can I claim if I was injured on private property due to a pothole?
Yes, you may still pursue a claim if you sustained injuries in a private area, such as a car park or shopping centre, caused by a pothole. The property owner has a duty of care to ensure that their premises are safe for public use. If you can prove that the pothole posed a hazard and that the owner failed to maintain the area properly, you may have grounds for a claim.
How can I prove liability in my pothole accident claim?
Proving liability involves demonstrating that the responsible party owed you a duty of care and failed to uphold it, resulting in your accident. This can often be established by showing that local authorities or property owners neglected routine maintenance or failed to fix known hazards, such as a pothole. Documentation like maintenance records, accident reports, and witness testimonies will be crucial in establishing this liability.
What should I do immediately after a pothole accident?
Immediate actions post-accident should include seeking medical attention for any injuries, documenting the scene, and collecting evidence. Take photographs of the pothole and your injuries, and note the date, time, and location of the incident. If possible, gather contact information from any witnesses and report the accident to the relevant authorities, as this will support your claim later on.
What if I miss the three-year deadline to file my claim?
If you miss the three-year deadline for filing a pothole accident claim, you may lose your right to seek compensation. Exceptions do exist, particularly for cases involving children or if you were mentally incapacitated at the time of the accident. If you believe you may have a valid claim outside of the usual time limits, consulting with a solicitor can provide you with tailored advice on your situation.
