Road Claims

Many motorbike riders and cyclists are injured in accidents caused by a pothole or other defect in the road surface.

Bringing a successful claim for compensation after such an accident is not guaranteed as the authority responsible for the maintenance and repair of the road will defend any claim by showing that it has taken reasonable care to ensure the highway was safe for users.

It is always advisable therefore to seek advice from a solicitor who is experienced in the handling of claims against any body responsible for the highway where the accident happened.

Making a Claim

The Courts have decided that it is unreasonable to expect local authorities to be held responsible for every accident that happens on the road because of a pothole or other defect. The Law requires that those responsible for the maintenance and repair of the road, whether it is the local authority or any other body, must take the care that is deemed reasonable in the circumstances to ensure that the highway does not pose a danger to traffic.

In order to defend their position the authority must prove that it set up and kept to a reasonable routine of inspection and repair. The Courts assessment of the reasonableness of the system will be based on the following:

• The type of road and the traffic that would be expected to use it
• The level of maintenance that it would be reasonable to expect for such a road
• The state of repair anyone would expect the road to be in
• Whether the authority knew or could be expected to know that the road was likely to pose a danger to users

Because this defence is so wide-ranging, claims for injuries caused by potholes and other defects in the road are not straightforward.

Response from the Authority

The response from the authority, through its insurers, is likely to be a statement that there is a reasonable system of inspection in place and that the claim will not be met. Sometimes this is a valid defence and in those instances there is little likelihood that the claim will succeed.

An experienced solicitor will look at all the points that will be taken into account by the Court when they assess the authority’s routine for inspection of the highways and consider if these are weighted in favour of the claimant or the authority and whether or not it is worth pursuing a claim.

What to do following an Accident

• Note the exact location including the name of the road and any landmark that may help pinpoint the site
• Photograph the defect that caused the crash and the surrounding area
• Indicate the depth and size of the pothole or defect using a coin, matchbox or cigarette packet
• See if there is any paint or chalk marks round the pothole which would indicate that the authority responsible are already aware of the defect
• If you have been injured seek medical attention from your GP or the Accident and Emergency department of the hospital. Symptoms are not always present immediately following an accident
• Get legal advice from a specialist solicitor
• Don’t report the incident to the authority responsible for the highway until you have evidence (photographs) showing the defect that was the cause of the accident and have received advice from a specialist personal injury solicitor

If you have been involved in a road crash due to a pothole or other defect you may be able to bring a claim for compensation. Contact Macks Solicitors and one of our specialist personal injury solicitors will be able to advise you on whether your personal injury claim is likely to be successful or whether the authority has satisfied the statutory defence described previously.

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