Local councils are responsible for a range of public places and facilities, such as schools, social services and public transport. They must take all reasonable…
Read moreInjured due to a pothole accident?
If you suffered an injury in a pothole accident that wasn’t your fault, you could be entitled to claim compensation for your injuries and financial losses.
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Pothole Injury Claims
If you’ve suffered an injury in a pothole accident caused by someone else’s negligence, you may be entitled to compensation. A pothole injury claim can provide compensation for your pain, suffering and any related financial losses.
Local authorities, government bodies, and private landowners may owe a legal duty of care to keep roads and pavements reasonably safe and properly maintained. If they fail to meet this duty, they can potentially be held liable for any injuries caused by potholes, including ankle sprains, lacerations, back injuries and broken bones.
To find out if you have a valid pothole injury compensation claim, call 0800 470 0474 or use our online claim form to speak with a legal adviser today. You will receive a free, no-obligation consultation and have the opportunity to ask any questions you have about the claims process.
Key points about pothole injury claims
- Can I make a claim?
You may have a valid claim if you were injured by a pothole while walking, cycling, or driving, and it hadn’t been properly maintained by the local authority. - Who is at fault?
Local councils or highways agencies may be responsible if they failed to repair dangerous potholes within a reasonable time. - What is the time limit?
You usually have 3 years to make a claim. If a child is injured, the time limit only begins once they turn 18. - How much could I receive?
Compensation varies depending on your injuries, treatment costs, and any lost income. - Will I have to pay legal fees?
Your solicitor will only charge a fee if your claim is successful under a no win, no fee agreement.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What are pothole injury claims?
A pothole is a depression or cavity that can form on the surface of roads and pavements. They typically result from wear and tear due to factors like weathering, heavy traffic, or inadequate maintenance.
A pothole injury claim is a type of personal injury claim that you can initiate if you suffered an injury due to a pothole accident, whether it’s a slip, trip and fall, a car accident or a bicycle accident.
What is the law regarding potholes?
The legal responsibility for potholes is mainly governed by the Highways Act 1980. This Act places a duty on local authorities to maintain the roads, pavements and footpaths under their jurisdiction, and:
- Ensure they are reasonably safe for public use.
- Take steps to identify and repair potholes within a reasonable timeframe.
- Have a system in place to regularly inspect roads.
- Use clear warning signs to alert road users of hazards.
If a local authority fails to fulfil its duty of care and a pothole causes an accident or injury, it may be liable for compensation.
Can I make a pothole accident claim?
You could make a claim for a pothole injury if your accident was due to another party’s negligence. A personal injury solicitor can verify your eligibility within minutes during a free case review. They will ask you a few questions to see if you meet the following criteria:
- Another party owed you a duty of care.
- Their negligence led to your pothole accident.
- You suffered an injury as a result.
- You are within the legal time limit to start a claim (usually 3 years).
If you have a valid claim for pothole damages, your solicitor will help you collect supporting evidence to show how your accident occurred and the damages you suffered as a result.
How deep does a pothole have to be to have a valid claim?
Potholes are often considered unsafe if they are deeper than 40mm on the roads or 25mm on pavements. To make a successful claim, it is essential to take photos showing the depth of the pothole. Ideally, use a ruler or tape measure, or, if this is not possible, an everyday object for scale, such as a coin, key, credit card, or your thumb.
It is not impossible to make a claim even if a pothole is shallower, so you should not dismiss your entitlement to compensation before speaking to a specialist solicitor.
Who could be liable in a pothole accident compensation claim?
Several parties could potentially be held liable for pothole accidents, depending on the circumstances:
The local council or highway authority
If the pothole was on a public road or pavement, the local council or highway authority may be held liable for failing to adequately repair or maintain it under Sections 41 and 58 of the Highways Act 1980. Depending on the location, this could include:
- Traffic Wales.
- Transport Scotland.
- The Northern Irish Department for Infrastructure.
- Transport for London.
- The National Highways.
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 failing to properly maintain the premises under the Occupiers’ Liability Act 1957.
Construction or utility companies
Construction or utility companies may be responsible if their work caused or contributed to the pothole and they failed to carry out repairs or provide adequate warnings.
Is there a time limit for claiming pothole compensation?
If you’ve suffered a pothole injury, you typically have three years to start a claim under the Limitation Act 1980. There are several exceptions to this rule:
- A child injury claim can be made at any time before the child’s 18th birthday.
- If the claimant is mentally incapacitated, the time limit is suspended.
- The time limit to claim compensation for a fatal accident is three years after the date of death.
Read more: What is the time limit to make a personal injury claim?
What should you do if you’re injured in a pothole accident?
If you were injured due to a pothole and you want to make a claim for compensation, you should take the following steps:
Seek medical attention
If you sustain injuries from 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 pothole claim.
Gather evidence
Gather as much evidence as possible to support your claim, such as:
- Photos of the pothole, clearly showing its depth, width and location.
- Photos of your injuries and the damage to your vehicle.
- Copies of accident reports or formal complaints.
- Pothole inspection and maintenance records.
- Witness contact details.
- CCTV or dashcam footage, if available.
- Keep proof of any related financial losses and expenses.
Report the pothole
Report a pothole or a problem with a pavement to the authorities responsible for road maintenance. Make sure to provide accurate details about the pothole’s location and size.
Seek legal advice
Contact a specialist pothole accident solicitor as soon as possible. If you can make a pothole injury claim, your solicitor will initiate negotiations with the defendant and help you get the compensation you deserve.
How much compensation could I receive in a pothole injury claim?
The amount of compensation you could claim will depend on the type and extent of the injuries you suffered and their impact on your life. Your settlement will cover two types of damages:
Special damages cover the monetary losses incurred as a result of a pothole accident, such as:
- Private medical treatment.
- Loss of earnings and reduced earning capacity.
- The cost of repairing or replacing damaged items.
- Travel expenses to and from medical appointments.
- Modifications to your home or vehicle to accommodate a disability.
General damages compensate for the subjective impact of the accident, including:
- Physical pain and suffering.
- Loss of enjoyment of life.
- Scarring and disfigurement.
- Physical or mental disability.
The compensation for general damages is awarded based on the recommendations published by the Judicial College. You can refer to our online compensation calculator or request a free case assessment to get an idea about how much compensation you could receive.
Can I make a No Win No Fee claim for a pothole accident?
Yes. If you have a valid pothole compensation claim with a fair chance of success, the solicitors we work with will offer you a No Win No Fee agreement*, which means that:
- You do not have to pay any upfront fees to start your claim.
- Your solicitor only gets paid if your claim is successful – a success fee capped at 25% of your compensation.
- You will not have to pay your solicitor’s fee if your claim is unsuccessful.
Common accidents that may lead to a pothole injury claim
A pothole on a public road or pavement poses a significant risk of accidents and injuries. The most common causes of pothole claims include:
- Car accidents – Hitting a pothole at speed can result in loss of control of the vehicle, tyre blowouts, swerving, or collisions caused by sudden braking.
- Bicycle accidents – Hitting a pothole can cause bikers to lose balance, fall off their bikes, or collide with other vehicles or obstacles.
- Slip, trip and fall accidents – Potholes create uneven surfaces on pavements and footpaths, which can lead to falls and injuries such as sprains, fractures and lacerations.
- Public transport accidents – The driver of a bus or taxi may need to suddenly brake or swerve if they encounter a pothole, or may lose control of the vehicle.
Common injuries caused by a pothole accident
Pothole accidents can result in a range of injuries, from minor sprains and bruises to severe fractures and head injuries. The most common ones include:
- Sprains and strains – Damage to muscles, ligaments, and tendons caused by falls or sudden twisting of the body.
- Fractures – Broken bones in the wrists, ankles, arms or legs caused by road accidents or slips and trips.
- Soft tissue injuries – Bruises, cuts and abrasions caused by falls, which can result in scarring and infections.
- Back injuries – These can range from mild sprains and strains to slipped discs and severe spinal injuries with permanent disability.
- Neck injuries – A sudden back-and-forth movement of the head and neck, particularly in vehicle accidents, can result in whiplash and other neck injuries.
- Head injuries – These include concussions, skull fractures, or traumatic brain injuries that cause permanent disability.
This list is not exhaustive; many other injuries may lead to a valid 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.
Can the local authorities defend a pothole claim?
Yes, local authorities can defend a pothole personal injury claim, and they often do. Your solicitor will have experience with these common defence strategies and will know how to counter them. The defendant may argue that:
- They were not aware of the pothole, which had 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.
- They had adequate warning signs in place.
- That contributory negligence applies, and you are partly at fault for the accident.
Can I claim pothole compensation on behalf of a loved one?
Yes. You may be able to make a pothole claim on behalf of someone you love 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 lack of mental capacity.
In such cases, you will need to act as a litigation friend for your loved one. To become a litigation friend, you typically need to apply to the court for approval. A solicitor can help you to understand this process and your responsibilities as a litigation friend.
To find out if you are eligible to make a pothole injury claim, call 0800 470 0474 for an initial consultation with a no win no fee solicitor. 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.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
