Pavement Accident Claims for Injury Compensation

If you have suffered an injury due to an accident on a pavement, you could be entitled to receive personal injury compensation. At InjuryClaims.co.uk, we work in partnership with a nationwide team of personal injury solicitors who have helped thousands of people make successful pavement accident claims.

With pavements and footpaths across the UK covered with potholes and defects, it is no wonder that so many people trip over and sustain injuries. Those who are fortunate may walk away with minor cuts and bruises. But unfortunately, many other people are not so lucky.

A heavy fall on a pavement can cause serious head and facial injuries. Broken bones are also common, especially in areas of the body such as the hands, wrists, elbows and ankles.

If you have suffered an injury due to a pavement accident, you may have a valid claim against the local council or highway authority responsible for the area where you had your fall. To find out if you can make a pavement injury claim, call 0800 470 0474 or arrange a call back today to receive a free case assessment.

If you are entitled to compensation, a personal injury lawyer can help fight your claim on a 100% no win no fee* basis. This means there are no costs required upfront and no hidden fees. If your solicitor cannot win your claim, you won’t pay them a penny.

Can I make a pavement accident claim for the injuries I have suffered?

Uneven surfaces such as potholes and raised paving slabs are some of the leading causes of trips on pavements. The local council has a duty to ensure that the land they are responsible for maintaining is safe for pedestrians. If they fail to do this, it can be dangerous for members of the public, and the council could be liable to pay compensation for any injuries caused by their negligence.

It is important to keep in mind that keeping pavements completely flat and risk-free would be an almost impossible task. So councils cannot be held responsible for all defects and subsequent accidents that take place.

To have a valid claim, the pavement defect that caused you to trip and fall over must be a minimum of 1 inch, which is 2.5cm. This is based on the normal level of the pavement. So if you have fallen due to a pothole, it would need to be at least 1 inch deep. On the other hand, if you have tripped over a raised paving slab, this would need to be 1 inch or more higher than the rest of the pavement.

If the circumstances of your accident meet this requirement, it is important to start your claim as soon as possible. You have a maximum of 3 years to make a personal injury claim, but in most cases, the sooner you start your claim the better. You will stand a much better chance of gathering the evidence you need to support your case soon after the accident.

To find out if you have a valid pavement accident claim, call 0800 470 0474 or enter your details to arrange a free consultation with an experienced legal adviser.

What should I do following a pavement accident?

If you or a loved one have been injured in an accident while walking on a pavement within the UK, there are a number of steps you should take:

• Visit your GP or the hospital to have your injuries assessed as soon as possible. This is important as you will need medical evidence of your injuries to be able to pursue a compensation claim. Whether you go to your GP or the hospital will, of course, depend on the type and severity of the injury you have sustained.
• You should try to obtain photographic evidence of the cause of the accident. This is the case whether it was a pothole, damaged kerb or raised paving slab. When taking photographs, it is advisable to place a ruler against or in the defect so the approximate size of the defect can be established. If a ruler or tape measure is not available, you could use a matchbox, coin, cigarette packet or any other recognisable object that will help to establish the size of the damage.
• If anybody witnessed your accident, you should ask if they are willing to give you their contact details. Most people that have witnessed an accident will be happy to do this, and it can prove to be incredibly useful evidence to support your case. Making a note of their name and telephone number is all you really need so your solicitor will be able to contact them.
• You should also report the incident to the local council that is responsible for the area. Making them aware of the defect will enable them to take measures to fix the problem and hopefully prevent more people from suffering injuries. If you do report the accident, it is best to take photographs of the pavement defect beforehand.

Who is responsible for maintaining pavements?

In the UK, the responsibility for maintaining pavements typically falls on the local government or council. They are responsible for ensuring that pavements are safe and accessible for pedestrians, and this duty is decreed under the Highways Act 1980.

The Highways Act 1980 is a UK law that governs the maintenance and management of public roads, pavements and footpaths. The Act places a legal duty on highway authorities, primarily local councils, to maintain and repair public highways and ensure they are fit for use.

The Act defines a highway as any road, footpath, pavement, or another way to which the public has access, and it sets out the responsibilities of the authorities concerning their maintenance and repair. It also specifies the rights of the public to use the highways and make a pavement injury claim if they suffered damages due to negligence.

Under the Act, the authorities have several responsibilities for maintaining pavements safe for use, such as:

• Inspect the condition of public pavements on a regular basis;
• Repair any defects or hazards on pavements within a reasonable timeframe;
• Remove any obstructions that may pose a danger to the public;
• Clearly signpost any hazards or risks to the public;
• Promptly respond to any complaints about defects or hazards;
• Create new pavements or close existing ones in case of need;
• Restrict or control access to pavements when necessary;
• They are also responsible for creating rights of way.

Some pavements may be located on private property, such as within a holiday park or business complex. The responsibility for the maintenance of these falls on the property owner, not the local council. Others may also be located on land owned by other organisations, such as railway companies or utility companies.

The Occupiers’ Liability Act 1957 holds business owners responsible for accidents on privately owned property and entitles victims to claim pavement injury compensation from them.

You can find out if your case has merit by calling free on 0800 470 0474 or arranging a call back with a friendly legal adviser today.

What are the main causes of pavement accidents?

Some common causes of pavement accidents that may entitle you to make a pavement injury claim for compensation include the following:

• Poorly maintained pavements – Pavements that are in disrepair, with cracks, potholes, or uneven surfaces, can cause people to trip and fall.
• Weather conditions – Rain, snow, and ice can make pavements slippery, which can increase the risk of falls.
• Obstructions – Objects or debris on the pavement can cause you to trip and fall. These may also include tree roots that have broken through the pavement’s surface.
• Poor lighting – Poorly lit areas can make it difficult to see hazards on the pavement, increasing the risk of falls.
• Negligence – Property owners and municipalities have a responsibility to keep pavements in a safe condition. If they fail to do so and an accident occurs, they may be held liable. As mentioned above, pavements on private property fall under the responsibility of the owner or occupier and not under the local highway authorities.
• Lack of safety measures – Pavements with no warning or safety measures in place, such as no barriers, signs or cones to warn of hazards, can lead to accidents.
• Damaged street furniture – Various structures or features found on or along pavements, such as benches, bicycle racks, manholes, or posts, could potentially cause accidents and injuries.

Not every pavement damage or hazard will entitle you to start a pavement accident claim. For a valid case, you must have evidence to show that the party responsible for pavement maintenance breached their duty of care towards you by:

• Not indicating potential risks or dangers through proper signage
• Not addressing complaints about pavement hazards promptly
• Not conducting regular inspections of the road
• Not fixing discovered issues promptly

If you have been hurt in an accident on the pavement, it is essential to consult with a personal injury lawyer as early as possible. They will examine the details of your situation and will be able to tell you whether you qualify for a pavement trip claim.

Common injuries caused by pavement accidents

Pavement accidents are common and usually cause moderate injuries without severe long-term consequences. However, they can occasionally lead to more severe injuries, such as a brain injury, spinal cord trauma or facial scarring, which could permanently affect your life.

If there is proof that your accident was due to someone else’s negligence, you might be eligible to make a pavement trip claim. The most common injuries that may lead to a legal case include the following:

• Fractures

Pavement accidents can cause fractures to various bones in the body, including the arms, feet, legs, and skull. The symptoms of a broken bone include acute, intense pain, swelling, inability to move the affected body part and tenderness. Severe fractures can require a long time to heal and may cause permanent mobility issues.

• Traumatic brain injuries (TBI)

Falling on a faulty pavement and hitting your head can cause a TBI, which can lead to a wide range of symptoms, including confusion, memory loss, and difficulty concentrating. More severe brain injuries can cause permanent disability and could even be fatal.

• Back and spinal cord injuries

A pavement trip can cause damage to the back, ranging from minor rib bruising to severe spinal cord trauma, which can lead to temporary or permanent paralysis. Even a minor back injury can disrupt your daily life and may entitle you to make a pavement accident claim.

• Soft tissue injuries

These are injuries to the muscles, tendons, and ligaments that can result from a fall or impact with the pavement. Common soft tissue injuries include sprains, strains, whiplash and contusions. They can range from minor to severe, and symptoms can include pain, swelling, bruising, stiffness, and limited range of motion.

• Lacerations and abrasions

Falling on debris, broken glass or the pavement itself can cause cuts and scrapes to the skin, which can range from minor to severe. Although these are not typically severe injuries, even a minor cut can cause severe infections and needs appropriate medical attention. You may also be left with permanent visible scars.

• Internal injuries

Internal injuries such as organ damage and internal bleeding may occur in some severe accidents. The force of the fall can cause trauma to internal organs, such as the liver, spleen, or kidneys. Symptoms may include nausea, vomiting, difficulty breathing and pain in the abdomen.

No matter how severe your injuries are, as long as someone else was to blame, you might be entitled to pavement accident compensation. The type and extent of your injuries will only affect your compensation award and not your eligibility to claim.

How much compensation can I claim for a pavement accident?

The value of your accident claim will primarily be based on the type and severity of the injury or injuries you have suffered. It will also depend on your personal circumstances and the financial impact that the accident has had on your life.

Below are some of the considerations that will be taken into account when calculating how much compensation you should be awarded for your pavement accident:

• Pain and suffering – this is known as general damages and is an amount of compensation based on the type of injury or injuries you have sustained. The amount you receive for pain and suffering can include both physical and mental injuries and will be based on the recommended guidelines provided by the Judicial College.
• Medical expenses – if you are required to pay for any of the treatments needed to aid your recovery, such as painkillers or rehabilitative therapy, the cost of these can be recovered from the council when making your claim.
• Care costs – if you have suffered a significant injury or illness due to the accident, you may need help or care, particularly in the early stages. You might need to pay for this care, or a friend or family member may take unpaid time off work to help. These costs can be added to your claim.
• Travel costs – your injuries could affect your ability to drive, walk or cycle, so you might need to pay for alternative transport as a direct result of your accident. Whether this is a taxi ride to get home from the hospital or bus fares to and from outpatient treatment, you should not be left out of pocket. Providing you have evidence, such as receipts or tickets, your solicitor will try to recover these costs for you.
• Loss of earnings – if you have lost income by having to take time off work or reducing your hours as a result of your injuries, our injury solicitors will help to recover your losses. If you are still losing wages at the time of your claim, an assessment will be made to include future loss of earnings.

As you can see from the above, several factors are considered during the compensation assessment. Your injury lawyer will always aim to secure for you the maximum amount of compensation possible.

To find out how much compensation you could receive for a successful pavement accident claim, call 0800 470 0474 or arrange a call back today to receive your free case assessment.

Will I receive a no win no fee service?

Yes, all accident claims are taken on a 100% no win no fee basis, including those for pavement trips and falls.

No win no fee is what is commonly used to describe a conditional fee agreement. This document contains the terms and conditions which govern the relationship between the solicitor and their client. It details the service being provided, what will be expected of both parties and all other aspects.

As the name suggests, with a no win no fee policy, you won’t pay your solicitors if they cannot win your pavement accident claim. So you don’t have to worry about the possibility of being left with a bill for legal fees if you lose your case.

There are no upfront costs to pay to start your claim, and you will never face any hidden or unexpected costs. You will only pay a fee to your solicitor if they successfully win your compensation claim. This is called a success fee and is capped at a maximum of 25% of the compensation that you are awarded.

How much time do I have to start my pavement accident claim?

For adults, you will usually have three years from when the pavement accident happened to initiate a claim for personal injury compensation.

However, in some cases, an adult may lack the mental capacity to manage a claim alone. This could be due to a condition such as Downs Syndrome, Alzheimer’s, Dementia or Autism. In these circumstances, the standard three year time limit is suspended. Another adult, usually a close friend or family member, can make the pavement accident claim on their behalf by acting as their litigation friend.

For children who are injured due to a damaged pavement, there are two options. The first option is for a parent or guardian of the child to make a claim on their behalf. The second option is for the child to start the claim once they turn 18 years old and become an adult. In these cases, the person has until the date of their 21st birthday to claim compensation for their injuries.

Experienced solicitors advise clients to start a pavement injury claim as early as possible. Not only will you receive compensation sooner, but collecting evidence to support your case will typically be more straightforward.

Can I make a pavement injury claim on behalf of someone else?

Yes, you can make a pavement injury claim on behalf of someone else if you are their legal representative or have power of attorney. It is also possible to claim on behalf of a child or someone unable to make a claim themselves due to mental incapacity. To do so, you must apply to the court to become their litigation friend.

A litigation friend is a person appointed by the court to represent and make decisions on behalf of someone unable to represent themselves in a legal case. To become a litigation friend, you typically need to apply to the court and prove you are a suitable person to act on behalf of the victim.

That may involve providing evidence of your relationship with the person, your understanding of their needs and wishes, and your ability to make decisions in their best interests. If the court appoints you as a litigation friend, you will have some potentially long-term responsibilities, such as:

• Attend court hearings
• Make decisions about the claim and keep updated on proceedings
• Meet with your solicitor and take legal advice
• Keep the victim update on the proceedings
• Pay any fees requested by the court
• Consider any settlement offers from the defendant

However, it is important to keep in mind that the legal process and requirements for claiming on behalf of someone else may be different than claiming for yourself. Consulting with a personal injury solicitor who can promptly guide you through the process is best in these circumstances.

For more information about how you could claim pavement accident compensation on behalf of someone else, call 0800 470 0474. Alternatively, you can enter your details to arrange a call back from a friendly, experienced legal adviser.

Find out if you have a valid claim

If you have suffered a slip, trip or fall on a pavement and feel that the council or somebody else was responsible, call 0800 470 0474 today for free legal advice.

You will be connected with an experienced solicitor to assess the circumstances of your accident and determine if you have a valid claim. During this assessment, you will also receive answers to any questions you may have.

As mentioned above, your injury solicitor will provide a 100% no win no fee service if you have a valid claim. This means there are no upfront costs, and you will have nothing to pay if you don’t win compensation.