Can I claim compensation if I fall over a pothole?
Posted on 14th December 2023
In 2023, Preston, Lancashire experienced several significant weather events. Notably, Storm Debi brought strong winds to the region, prompting the Met Office to issue a yellow weather warning for potential injuries and travel disruptions due to flying debris. This warning was in force from early to late on a Monday in November, underscoring the need for caution during the storm.
Earlier in the year, around June, Preston and Lancashire faced a thunderstorm warning as Storm Oscar approached. In July, Preston and South Ribble were subject to flood warnings and alerts following nearly two days of persistent and heavy rain. The Environment Agency issued a flood warning for the River Darwen area, closely monitoring river levels and activating flood storage basins in various locations as precautionary measures.
Storms, bad weather and torrential rain are blamed for all sorts of problems; but you wouldn’t imagine the weather being blamed for the plethora of potholes, fissures, and huge holes that have appeared in the roads and pavements around the UK in the past 12 months. Personal Injury solicitors in Preston, MG Legal, have won hundreds of thousands of pounds in compensation for clients who have suffered an injury from tripping over, or falling into the potholes the local councils will opine have been caused by the spell of recent bad weather.
We all remember the ‘Beast From The East’- the awful spell of cold weather affecting the UK in February 2018. Well, as a result of the ‘Beast', the AA have advised that the damage caused to vehicles arising from potholes, the same being caused by freeze thaw (water freezing in the tiny cracks in the roads, making the cracks expand, and eventually become fissures), has increased their call outs dramatically to the point where their profits have been affected.
Local authorities have a duty to maintain UK roads; the motorways being maintained by Highways England. But MG Legal’s personal injury solicitors are still representing, and indeed winning claims for more and more clients, all of whom have been unfortunate to trip over the aftermath of what the councils are deeming bad weather.
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Understanding Pothole Injury Claim
Pothole injury claims fall under personal injury law. To claim compensation, you must prove that the responsible party (usually a local authority or road maintenance agency) was negligent in their duty to maintain safe pathways.
The Highways Act 1980 and Its Relevance to Personal Injury Compensation
Understanding the Highways Act 1980 is crucial for anyone considering a personal injury claim due to an accident on public roads. This Act outlines the responsibilities of highway authorities and the legal framework for compensation claims.
The Highways Act 1980 Explained
The Highways Act 1980 consolidates various laws regarding the maintenance and safety of highways. Section 41 of the Act imposes a duty on highway authorities to maintain public roads. If an authority fails to maintain a road, leading to an accident, the injured party may sue for breach of statutory duty.
Claiming Compensation for Injuries
If you're injured due to poor road maintenance, such as potholes or obstructed pathways, you may be eligible to claim compensation. The Act requires that the road must be maintained to a standard where it is “reasonably passable for the ordinary traffic of the area”. This encompasses addressing common issues like debris, damaged road signs, potholes, and ensuring safety during adverse weather conditions.
Suffered a personal injury in the last 3 years? Call 01772 783314 Or, fill in your details and our personal injury solicitors will contact you within one working hour.
Determining Liability
Liability in injury claims under the Highways Act 1980 often hinges on Section 58. This section provides a statutory defence to highway authorities, which they can use if they have taken reasonable care to ensure the road was not dangerous. The court will consider several factors, including the character of the highway, the standard of maintenance appropriate for such a highway, and whether the authority could have reasonably been expected to know about the dangerous condition.
How to Proceed with a with a Claim for compensation, after falling down a pothole
Document the Incident
Take photos of the accident site and your injuries. Note details like date, time, and location.
Seek Legal Advice
Consult a no win no fee personal injury solicitor, who specialises in highway claims. Personal injury solicitors, such as those at MG Legal, can assess whether the defect is actionable and help navigate the complex legal process.
Gathering Evidence
Evidence is critical in pothole injury claims. MG Legal will help gather necessary proof, including witness statements, medical records, and evidence of the pothole's danger.
How MG Legal Can Assist
MG Legal, experts in personal injury claims, offer a no-win, no-fee service, meaning you don't pay unless your claim is successful. With their expertise in pothole injury claims, they can effectively navigate the legal process to maximise your compensation.
For a successful claim, partnering with experienced solicitors like MG Legal is key. Our solicitors can provide expert advice on the nuances of the Highways Act 1980 and help you navigate the claim process, ensuring you receive the compensation you deserve. Our fee for acting on a no win no fee basis, is a very reasonable 20% of the damages you receive when your personal injury compensation claim is successful. And of course, our fee is nothing, if your claim is not successful.
Why choose MG Legal Solicitors?
Transparent fees.
Our solicitors offer their services on a clear fixed-fee or hourly rate, and accept personal injury claims on a no win no fee basis.
We are the experts.
Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
Regular communication.
When you work with MG Legal, your solicitor will be in regular contact so you have step-by-step updates.
Multiple office locations.
If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster, and Lytham for your convenience.
Navigating the Legal Process
The legal process can be complex, but MG Legal's expertise ensures your claim is handled professionally and efficiently, increasing your chances of a successful outcome.
Know Your Rights
Understanding your rights is crucial. Local authorities have a legal obligation to maintain public pathways. If they fail in this duty, affected individuals are entitled to claim compensation for injuries sustained.
MG Legal: Your Ally in Pothole Injury Claims
With MG Legal, you're not just getting legal representation; you're gaining a dedicated ally committed to securing the compensation you deserve.
The Highways Act 1980 plays a pivotal role in personal injury claims related to highway accidents. Understanding your rights and the responsibilities of highway authorities is essential. For professional guidance, contact MG Legal.
Falling over a pothole can result in serious injuries, but you don't have to bear the burden alone. MG Legal, your no-win, no-fee solicitors, specialise in pothole injury claims, providing expert guidance every step of the way. Contact MG Legal to discuss your claim and take the first step towards the compensation you deserve.
Why choose MG Legal, No Win No Fee Solicitors?
Clear, fixed-fees
Fully-Qualified No Win No Fee Solicitors
Tailored Service
Multiple Office Locations
Decades of Experience
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This article was published on 7 July 2018, and updated on 14 December 2023.
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