Pothole Injury Claims

Local authorities, government agencies and private owners have a duty of care to keep the roads and pavements they are responsible for safe and well-maintained. Their responsibilities include conducting regular inspections to identify hazards such as potholes and repairing them within a reasonable timeframe.

If they fail to do so and you suffer injuries due to a pothole accident, you might be entitled to claim compensation for your pain, suffering and any other damages and losses you have incurred. Typically, you have three years from the date of your accident to start a pothole injury claim, but there are several exceptions to this rule, as detailed below in this guide.

To find out if you have a valid case with a fair chance of success, call 0800 032 3660 or enter your details into our online claim form to speak to a legal adviser today. They will offer you a free consultation with no obligation to proceed, during which you can ask them any questions you might have about the claims process.

What are potholes?

Potholes are depressions or cavities that can form on the surface of roads, pavements, or other paved areas. They typically result from wear and tear due to factors like weathering, heavy traffic, or inadequate maintenance.

The process begins with water infiltrating the ground beneath the pavement, causing it to weaken. Subsequent traffic passing over the area gradually wears down the already compromised surface. As vehicles continue to cross the affected spot, both the asphalt and the underlying soil material may dislodge, resulting in a hole or depression in the pavement or road.

Potholes can vary in size, shape, and depth, ranging from small and shallow to large and deep. They can grow several feet large, although they usually do not reach more than a few inches deep. If not properly repaired, potholes pose a hazard to vehicles, cyclists, and pedestrians, as they can cause damage, accidents, and injuries.

Four main causes may cause potholes to develop:

• The surface is not thick enough to support the traffic during freeze and thaw periods;
• Poor drainage, resulting in the accumulation of water on the road or pavement surface;
• Issues arising from utility trenches and castings, such as manholes;
• Neglected defects and cracks that allow moisture ingress, compromising the structural strength of the pavement or road.

The law regarding potholes

The law regarding potholes falls under the Highways Act 1980. According to this Act, local authorities have a duty to maintain and repair the roads under their jurisdiction, including addressing any hazards such as potholes. Some key points regarding the law on potholes in the UK include the following:

Duty of Care

Local authorities have a legal duty of care to maintain roads, pavements and footpaths and ensure they are reasonably safe for public use. This duty extends to identifying and repairing potholes on time.

Inspection and maintenance

Local authorities must have a system in place for regularly inspecting roads and public areas and identifying potholes. They should also have procedures for promptly repairing or taking action to mitigate any identified hazards.

Warning signs

When a pothole is identified but cannot be immediately repaired, the authorities must provide adequate warning signs to alert road users or pedestrians of the hazard and minimise the risk of accidents.

Notice and reasonable time for repair

Once a local council is made aware of a pothole, they are expected to take proper steps to repair it within a reasonable time frame. The definition of a reasonable time may vary depending on the circumstances, such as the size and location of the pothole.

Negligence

If a local authority fails to fulfil its duty of care and a pothole causes an accident or injury, it may be considered negligent. Negligence can lead to legal liability, and the injured party may be entitled to seek pothole compensation for their injuries, financial losses and damages.

Reporting potholes

Members of the public can report potholes to the authority responsible for the road. Most authorities have dedicated channels for reporting these hazards, such as online forms or phone numbers. Providing accurate details about the location and size of the pothole can help speed up the repair process.

In the case of private properties, the Occupiers’ Liability Act 1957 governs property owners’ responsibility for injuries on their premises. Regarding potholes, occupiers of premises have a duty of care to take reasonable steps to ensure that visitors are reasonably safe from accidents. That includes identifying and repairing hazardous conditions, such as potholes, or providing adequate warning signs if immediate repairs cannot be made.

Can I make a pothole accident claim?

If you have suffered damages due to a pothole accident, the easiest way to find out if you are entitled to compensation is through a consultation with a legal adviser. You can arrange this by calling free on 0800 032 3660 or requesting a call back. They will ask you a few questions about your circumstances to see if you meet the following criteria:

• Another party, such as the local council or a property owner, owed you a duty of care
• Their negligence led to your pothole accident
• You suffered an injury as a result of the accident within the last three years

Your solicitor will refer to the legislation detailed in the section above to prove a duty of care and a breach of duty. If your case has merit, they will also help you collect and collate evidence to show how your accident occurred and the damages you suffered as a result.

You should keep in mind that potholes are generally considered unsafe if they are deeper than 40mm on the roads and one inch on pavements. To prove the depth of the defect in a pothole accident, you should try to provide photographic evidence by including a ruler or tape measure inside the hole. If this is not possible, you could use everyday objects in the photo to show its depth, such as coins, keys, a credit card or your thumb.

If the cavity is shallower than the minimum depths mentioned above, you will probably not be able to claim pothole compensation. Furthermore, even if the hole is deep enough, the council could have a valid defence to your claim if they can prove that:

• They were unaware of the pothole, or it formed after their last inspection
• They have a reasonable system in place for inspecting and maintaining the roads
• They had already taken steps to address the hazard before the incident occurred
• They took adequate care to ensure the road was safe for vehicles and other road users

What to do if you’re injured by a pothole

If you hit a pothole while driving, here are some steps you can take:

Assess the situation

Stop the vehicle as soon as it is safe and look for any visible damage to the tyres and wheels or changes in performance caused by the impact.

Document the incident

Take photos of the pothole, your vehicle’s damages, and any relevant details such as the location, size, and depth of the pothole. Make a note of the date and time as well. These steps will help to support your claim for injuries and damages.

Report the pothole

Notify the local authorities responsible for road maintenance, such as the local council or highway department, about the pothole. Provide them with accurate information about its location and size.

Gather evidence

If there are any witnesses present, politely ask for their contact information in case you need a statement from them later. Additionally, keep records of any expenses incurred due to the incident, such as vehicle repairs or medical bills.

Seek medical attention 

If you or any passengers experience injuries after hitting a pothole, it is crucial to seek immediate medical attention. Your well-being should be the top priority, and your medical records will be required if you go on to make a claim.

Seek legal advice

If the pothole accident has resulted in injuries and other damages, contact a personal injury lawyer specialising in road accidents as soon as possible. They can assess your case and guide you through the process of making a pothole injury claim.

To speak with an experienced legal adviser, call 0800 032 3660 today or enter your details into our online claim form to receive a call back. They can let you know whether you are eligible for pothole compensation and answer any questions you may have about the legal process.

What evidence do I need to support a pothole compensation claim?

Gathering sufficient evidence is crucial to support your case when making a pothole injury claim. Some essential pieces of evidence you may need include the following:

• Photos or videos capturing the size, depth, and location of the pothole. Include any nearby landmarks or signs that can help identify the exact spot where your accident occurred;
• A detailed written account of the incident, describing how the pothole caused damage or injuries and any immediate actions you took following the incident;
• Photographs of any damage to your vehicle caused by the pothole. If possible, obtain a repair estimate or invoice from a reputable mechanic to demonstrate the cost of repairs;
• Medical records of the treatments you received for your injuries, including doctor’s reports, prescriptions, and receipts. Your solicitor might also arrange a free consultation with a specialist to assess the extent of your injuries and any long-term effects on your health and quality of life;
• If witnesses were present at the time of the incident, gather their names and contact details. Your solicitor might contact them later to request statements describing what they saw or experienced;
• Any video footage available of the accident, such as CCTV footage or dashcam footage;
• If the responsible authority has any records of road maintenance and inspections, request copies to determine if the pothole was previously reported or if there were negligence issues;
• Keep copies of any communication you had with the local council, highway department, or relevant authorities regarding the pothole. This includes any reports, emails, or letters exchanged;
• Keep track of any expenses incurred due to the pothole accident, such as vehicle repair receipts, medical bills, travel expenses, or other related costs.

It is essential to consult with a personal injury lawyer to ensure you have the appropriate evidence for your specific case. They can guide you on the necessary documentation and help build a strong claim on your behalf.

Who could be liable in a pothole accident claim?

Several parties could potentially be liable in a pothole claim, depending on the circumstances:

The local council or highway authority

If the pothole is on a public road, the authorities responsible for maintaining the street may be held liable for failing to adequately repair or maintain it under Sections 41 and 58 of the Highways Act 1980. If a pothole on a public road causes an accident and resulting injuries, the following factors may determine their liability:

• Notice: The council or highway authority should have reasonably been aware of the pothole. This could be through regular inspections or reports from members of the public.
• Inspection and maintenance: They should have a system in place for regular inspection and maintenance of the roads. If they failed to identify and address the pothole on time, it could be considered a breach of their duty of care.
• Repair and maintenance history: If it can be shown that the council or highway authority was aware of the pothole but failed to take appropriate action to repair it within a reasonable timeframe, their liability may be established.
• Contributory negligence: The authority responsible for road maintenance may argue that your own actions have contributed to the accident. For example, if you were driving at an excessive speed or not paying attention to the road conditions, your pothole compensation may be reduced to reflect your part of the blame.

The following authorities could be liable in a claim for a pothole accident:

• The County Council, Unitary Authority or Metropolitan District in England
• The County Council or Borough Council in Wales
• The London Borough Council in Greater London
• The Common Council in the City of London
• Transport for London owns certain areas around London Tube stations and is responsible for their maintenance
• The Secretary of State for Transport is responsible for maintaining the motorways and major trunk roads

A private landowner or property owner

If the pothole is on private property, such as a business car park, the owner may be liable for not properly maintaining the premises and addressing the pothole.

Construction or utility companies

Construction or utility companies may also be held liable in a pothole accident claim if their activities or negligence contributed to the existence of the pothole. When road construction, repairs, or utility work is being carried out, these companies must ensure that their activities do not create hazards or damage the road surface, leading to potholes.

Contractors or maintenance companies

If the road maintenance or repair work was outsourced to a contractor or maintenance company, they may be held responsible if they have failed to perform their duties adequately.

Determining liability in a pothole injury claim can be complex and depends on factors such as its location, the responsible authority, and the level of negligence involved. It is advisable to consult with a personal injury lawyer who can assess your case and determine the appropriate third party to hold responsible.

Common accidents that may lead to a pothole injury claim

Potholes can be found on roads and pavements where the surface has worn away and caused a hole to form. If they reach a certain depth, they can pose a risk to drivers, pedestrians and other road users and can lead to accidents such as:

Car accidents

Some common car accidents caused by potholes include:

• Potholes can cause tire punctures, blowouts, or sidewall damage, leading to loss of control and accidents.
• Hitting a pothole at high speed can cause significant damage to the suspension system and result in compromised vehicle handling.
• Potholes can bend or crack wheels and rims, affecting tire alignment and causing handling issues.
• When a vehicle hits a deep or unexpected pothole, it can cause the driver to lose control, swerve into other lanes, or collide with other vehicles, resulting in injuries and other damages.
• Sudden braking or evasive manoeuvres to avoid potholes can lead to rear-end collisions if the driver behind cannot react in time.

Bicycle or motorbike accidents

Potholes pose a significant risk to cyclists and motorcyclists. Hitting a pothole while riding can cause them to lose balance, fall off their bikes, or collide with other vehicles or obstacles. Here are some common scenarios and risks associated with pothole-related accidents:

• A sudden jolt or loss of balance, causing them to lose control of the bike and potentially crash;
• Potholes can create uneven road surfaces, reducing the contact area between the tires and the road. This loss of traction can result in skidding or sliding, making it difficult for riders to maintain control of the bike;
• Hitting a pothole at high speed can cause a rider to be thrown off their bike, resulting in falls or collisions with nearby objects, vehicles, or pedestrians;
• When a cyclist or motorcyclist encounters a pothole, they may need to make sudden moves to avoid it. That can lead to swerving into oncoming traffic or colliding with nearby vehicles, increasing the risk of accidents;
• Potholes can cause significant damage to bicycles or motorcycles, including bent rims, broken spokes, damaged suspension, or misaligned frames.

Pedestrian accidents

Potholes create uneven surfaces on pavements, footpaths, or other pedestrian walkways. This can lead to trips and falls, especially if the pothole is not easily visible or pedestrians are not paying close attention to their surroundings.

Tripping and falling in a pothole can result in a range of injuries for pedestrians, including sprains, fractures, head injuries, and soft tissue damage. Elderly people or those with mobility issues are at higher risk of tripping or losing their balance due to potholes. Their reduced agility and balance make them more susceptible to falls and potentially serious injuries.

Public transport accidents

Potholes can also affect public transport vehicles, such as buses or taxis. When these vehicles encounter a pothole, the driver may need to make a sudden stop or evasive manoeuvre to avoid it. This can result in passengers being thrown off balance, causing injuries or falls within the vehicle.

Potholes near bus stops or tram platforms can also create difficulties for individuals with mobility issues, such as those using wheelchairs or walking aids. Uneven surfaces caused by potholes can make boarding a bus, tram or train more challenging, potentially leading to accidents or injuries.

Construction zone accidents

Construction zones and building sites can be particularly susceptible to the presence of potholes, posing risks to road users, visitors and workers. Potholes within construction zones can lead to traffic congestion and slow-moving vehicles, increasing the risk of rear-end collisions.

Potholes in these areas can pose tripping hazards and increase the risk of pedestrian accidents, especially if visibility is poor or temporary pathways are not adequately maintained. Construction workers operating within the construction zone can also be at risk of accidents caused by potholes. They may step into or trip over a pothole, leading to falls and potential injuries.

You might be entitled to pothole compensation if you were involved in an accident due to a poorly maintained road or pavement. To find out if you have a valid claim, speak to a legal adviser by calling free on 0800 032 3660. Alternatively, you can enter your details here to receive a call back.

Common injuries caused by a pothole accident

Pothole accidents can result in various injuries, ranging from minor to severe. These include:

Sprains and strains

Potholes can cause sudden jolts or impacts, leading to sprained or strained muscles, ligaments, and tendons. These injuries can affect various body parts, such as the ankles, knees, wrists, or shoulders. Symptoms of sprains and strains may include pain, swelling, limited mobility and instability in the affected body part. Recovery time can vary depending on the severity of the injury, but it may take weeks or even months for complete healing and rehabilitation.

Fractures

A pothole accident can cause a fracture through a combination of factors, including the forceful impact and the sudden jarring or twisting of the body. Fractures can occur in various bones, including the knees, wrists and ankles, depending on the specific circumstances of the accident. Common signs and symptoms of fractures include pain, deformity, swelling, limited range of motion and inability to bear weight. Treatment for fractures involves immobilisation of the affected area with a cast or splint, pain management and sometimes surgery.

Cuts, bruises and abrasions

Pothole accidents can result in cuts and bruises when a person falls or makes sudden contact with the road surface or surrounding objects. Cyclists and pedestrians are particularly vulnerable to such injuries, ranging from minor superficial cuts to deep wounds needing medical attention. These soft tissue injuries may result in pain, bleeding, tenderness and possible infection if not properly cleaned and treated. Cuts and abrasions may also lead to permanent scarring and deformity.

Back and neck injuries

The jarring motion of hitting a pothole can cause injuries to the back and neck, such as sprains, strains, herniated discs, or whiplash. Whiplash is a common neck injury caused by a sudden back-and-forth movement of the head and neck. It often happens in car accidents but can also occur in other situations where the head is forcefully jerked backwards or forwards.

Severe accidents or trauma to the back or neck can lead to spinal cord injuries, which can result in partial or complete paralysis. These injuries are typically life-altering and require immediate medical assistance.

Head injuries

If a person falls due to a pothole, they may sustain head injuries, including concussions, skull fractures, or traumatic brain injuries. Symptoms of head injuries can vary depending on the severity, but they may include headache, dizziness, confusion, memory problems, nausea, vomiting, seizures, and changes in mood or behaviour. It is crucial to seek immediate medical attention if you or someone else experiences head injury symptoms.

This list is not exhaustive; many other injuries may lead to a successful pothole claim. The type and severity of the damage you suffered will play an essential role in determining the compensation award you might be entitled to receive.

How much compensation could I receive in a pothole injury claim?

The amount of compensation you could secure in a pothole accident claim will largely depend on the circumstances of your case. It can vary widely depending on several factors, such as the type and extent of the injuries you suffered, the impact on your daily life and the financial losses and expenses the accident has caused you.

To determine the potential pothole compensation payout, your solicitor will consider two types of damages:

Special damages intend to cover the actual monetary losses you have suffered, such as:

• Costs for hospital treatment, surgeries, medications, physiotherapy, and any other necessary medical services related to your injuries;
• Loss of earnings, if the pothole accident has caused you to miss work or has resulted in a loss of income, you may be entitled to claim for the wages or salary you would have earned during that period;
• The cost of repairing or replacing any personal property damaged because of the pothole, such as a bicycle or vehicle;
• Expenses associated with rehabilitation and therapy services to recover from your injuries;
• Travel expenses to and from medical appointments;
• Necessary modifications to your home or vehicle to accommodate a disability.

General damages intend to compensate for the pain, suffering, and loss of amenity you have experienced due to the pothole accident and take into account factors such as:

• Physical pain and suffering
• Mental anguish, trauma, or psychological distress resulting from the accident
• Loss of enjoyment of life or inability to participate in activities you previously enjoyed
• Loss of consortium or companionship
• Scarring and disfigurement
• Any physical or mental disability caused by the accident

The compensation for general damages is awarded based on the recommendations published by the Judicial College. A personal injury solicitor can assess your case and provide more accurate guidance regarding the potential compensation you may be entitled to. You can also refer to our online compensation calculator to get an idea about how much you could receive in a pothole claim based on the type and severity of your injuries.

Time limits for claiming pothole compensation

Under the Limitation Act 1980, the time limit to start a pothole claim is three years from the accident date. However, there are several exceptions to this rule:

• If the effects of the accident are not immediately noticeable, the three-year countdown begins on the date of knowledge. That refers to when you first became aware or should have reasonably become aware of the connection between the pothole and your injury.
• If the injured person was under the age of 18 at the time of the incident, the three-year limitation period does not start until their 18th birthday. This means they have until their 21st birthday to claim pothole compensation.
• If the claimant cannot handle a personal injury compensation claim due to mental incapacity, the limitation period does not begin until they regain capacity. A litigation friend could claim on their behalf at any time while incapacitated.
• If you lost a loved one due to a fatal pothole accident, you have three years to claim compensation from the date of their death.
• The time limit to start a pothole injury claim for an accident abroad can vary depending on the country where the accident occurred. Each country has specific laws and regulations regarding personal injury claims, including different time limits for filing a claim, which could be much shorter than three years.

It is recommended to consult with a solicitor as soon as possible after your accident to ensure you do not miss any time limits and have the best chance of a successful claim. That will also ensure that no evidence will be lost and will make it easier to remember any crucial details about the events.

Can I claim pothole compensation on behalf of a loved one?

It is possible to make a pothole accident claim on behalf of a loved one if they cannot pursue compensation themselves. This typically applies in situations where the injured person:

• Is a child under 18
• Is unable to conduct legal proceedings due to a physical or mental disability
• Has passed away due to the accident

In such cases, you will need to act as a litigation friend for your loved one. This is someone who can make legal decisions on behalf of a claimant who cannot do so themselves. To become a litigation friend, you typically need to apply to the court for approval. The court will review the circumstances of the case and assess whether appointing you as a litigation friend is in the best interest of the injured or incapacitated person.

Some of the duties of a litigation friend in a pothole claim include:

• Make legal decisions on behalf of the claimant;
• Communicate with the solicitors handling the case, providing them with relevant information and instructions;
• Collect and present evidence to support the claim;
• Protect the injured person’s interests, ensuring that their rights are upheld and that they receive fair compensation for their injuries and losses;
• Keep the claimant informed about the progress of the case;
• Consider any settlement offers from the defendant.

It is advisable to seek legal advice from a solicitor to fully understand your responsibilities as a litigation friend in your specific situation.

Make a No Win No Fee claim for a pothole accident

If you have a valid pothole compensation claim with a fair chance of success, the solicitors we work with will offer you a 100% No Win No Fee agreement. It is the most common type of arrangement between claimants and personal injury lawyers due to the unique advantages it offers, including:

• You do not have to pay any upfront fees for legal representation;
• It offers access to justice to everyone, including people who might not have the financial means to pursue a legal claim;
• You do not have to worry about paying legal fees if your case fails, as your solicitor will take out an After the Event (ATE) insurance policy on your behalf;
• Your solicitor will have the knowledge and expertise to navigate the legal complexities of your case, increasing your chances of a successful outcome;
• In a No Win No Fee arrangement, your solicitor only gets paid if your claim is successful. That incentivises them to work hard on your claim, ensuring they invest time and effort to build a strong case and gather supporting evidence;
• You can pursue pothole compensation without the worry of incurring substantial financial losses if your case fails. You can focus on your recovery and well-being, knowing that your solicitor is handling your claim and fighting for your best interests.

If you start a claim for a pothole accident on a no win no fee basis, you will not lose a single penny if you do not receive compensation. If you win the case, you will keep the money awarded to you minus the success fee that your solicitor receives for the risk they took by offering you this service. By law, this fee cannot exceed 25% of your settlement.

If you want to know whether you can start a no win no fee pothole claim, call 0800 032 3660 to receive a free consultation with a legal adviser today. Alternatively, fill in our online claim form to receive a call back. This service is completely free of charge and without any obligation to proceed.