In this guide, you will find information on pothole accident claims. You may be eligible to start a personal injury claim after sustaining an injury in a pothole accident because the duty of care owed to you to ensure your reasonable safety was breached. We will discuss the eligibility criteria that need to be met for this type of claim in more detail throughout our guide.
Pothole Accident Claims Explained
We will look at who is responsible for maintaining public places, including the roads, and how an accident could occur if they fail to do so.
We will also explore the types of injuries that could be caused by pothole accidents and the possible compensation you could potentially claim for those injuries.
This guide concludes with an overview of the advantages to you as a claimant of working with a solicitor who offers a specific type of No Win No Fee agreement.
Our advisers can address any queries or concerns you may have about the personal injury claims process. You can reach them via:
- Telephone on 0161 696 9685
- Our ‘contact us‘ form
- The live chat feature on this page
Select A Section
- Who Can Make Pothole Accident Claims?
- Types Of Pothole Trip And Fall Injuries
- Evidence Supporting Pothole Accident Claims
- Payouts In Pothole Accident Claims
- Contact Our Team About No Win No Fee Pothole Accident Claims
- Find Out More About Claiming For A Pothole Accident
Who Can Make Pothole Accident Claims?
When a paved surface cracks, water can get in via these fissures. The continual expansion and contraction of this water underneath the paved surface as the air temperature changes, weakens the road surface. As vehicles pass over this weakened area, the road surface is worn away, leaving a pothole. Potholes can be a hazard to the drivers of vehicles and pedestrians alike.
If you can satisfy the following requirements, you may be able to make a personal injury claim for injuries sustained in a pothole accident:
- A duty of care was owed to you by a third party.
- The duty owed to you was breached by that party.
- This breach was the cause of your injuries.
Under the Occupiers’ Liability Act 1957 and the Highways Act 1980, a duty of care is placed on the party with a responsibility to maintain the highways network. As such, they need to ensure they are reasonably safe for public use. If there has been a failure to uphold this duty, and this caused you harm, it may be possible for you to make a public liability claim.
Time Limits
Pothole accident claims are subject to the limits set out in the Limitation Act 1980. As a general rule, the time limit for starting a personal injury claim is 3 years from the date the accident occurred. However, there can be exceptions to this limit, and in those cases, extensions can be granted.
If you are unsure as to whether your particular claim is eligible for an extension, you can contact our team of advisers using the details above to find out more about the time limit.
Types of Pothole Accidents And Injuries
Different types of accidents could occur due to a pothole. For example, a driver could swerve to avoid a pothole, causing them to lose control of their vehicle. Alternatively, they could break just before a pothole, causing another vehicle to go into the back of them. Potholes could cause damage to a vehicle, as well as causing injury to the road user involved in an accident.
Some examples of injuries that can be sustained in a pothole accident could include:
- Injuries to the joints, such as ankles, knees and elbows.
- A back injury, such as a lumbar disc fracture.
- Soft tissue damage of ligaments and tendons.
- Injuries to the face such as bone fractures or cuts and lacerations.
Types Of Pothole Trip And Fall Injuries
Potholes could also cause a pedestrian to injure themselves in a slip, trip or fall. As an example, you cross the road and trip on a pothole that has formed in a zebra crossing, sustaining an ankle injury. This type of accident could also lead you to experience a wrist injury, head injury or arm injury.
In successful pothole accident claims, you can receive compensation to address the impact your injuries have had on different areas of your life. You can continue reading to learn more about how settlements are calculated.
Alternatively, please speak with an adviser on the number above to discuss your specific accident and injuries to learn whether you’re eligible to make a claim.
Evidence Supporting Pothole Accident Claims
To support your claim, you can provide evidence. A strong body of evidence can illustrate that a third party breached their duty of care, and that this subsequently led to you sustaining an injury. You can likewise highlight the physical and psychological extent of your injuries through the provision of evidence.
Some examples of possible supporting evidence that can support pothole accident claims are listed below:
- Take photos of the pothole to show the cause of the accident. You can also photograph your injuries.
- Keep a diary during treatment detailing your symptoms, what treatment you received and the effects this had on your physical and mental well-being.
- You can acquire copies of your scans, test results or other medical records following treatment for your injuries.
- Many public places have CCTV cameras, so you can request a copy of this footage.
- Collect the contact information of any potential witnesses so their statements can be taken later on as part of the claims process.
This list of possible evidence you could collect to support your claim is non-exhaustive. If you are struggling with building your case, or are unsure of the steps that you may need to take as part of the claims process, you can contact our advisers. They can discuss the possibility of having a solicitor from our panel assisting you in making your pothole injury claim.
Payouts In Pothole Accident Claims
In the event of a successful claim, you will receive personal injury compensation for the physical and emotional impact of your injuries under general damages. This is one of the heads of claim that can make up your compensation settlement.
We have taken the information in the table below from the Judicial College Guidelines, a document that contains guideline compensation amounts for various different injuries. Solicitors can use these figures to help them value the general damages portion of your payout.
However, personal injury compensation is calculated on an individual basis, therefore, this information has been provided as a guide only.
Compensation Table
| Injury | Severity | Description | Amount - Guideline |
|---|---|---|---|
| Arm Injuries | (a) Severe | A serious brachial plexus injury that leaves the person little better off than if they had completely lost the arm. | £96,160 to £130,930 |
| Arm Injuries | (b) Permanent And Substantial Disablement | Both or one forearm is seriously fractured. This causes a significant and permanent disability, either functionally or cosmetically. | £39,170 to £59,860 |
| Back Injuries | (a) Severe (iii) | Cases involving disc lesions or fractures or soft tissue injuries leading to chronic conditions. | £38,780 to £69,730 |
| Elbow Injuries | (b) Less Severe | Injuries causing impairment of function but not involving significant disability or major surgery. | £15,650 to £32,010 |
| Elbow Injuries | (c) Moderate Or Minor | Injuries, such as simple fractures or lacerations where no permanent damage or impaired function is caused. | Up to £12,590 |
| Wrist Injuries | (c) Less Severe | Injuries with some permanent disability such as persisting pain and stiffness. | £12,590 to £24,500 |
| Knee Injuries | (a) Severe (iii) | Injuries resulting in a less severe disability causing continuing symptoms of pain, discomfort and limitation of movement with risk of degenerative changes. | £26,190 to £43,460 |
| Knee Injuries | (b) Moderate (i) | Minor instability, wasting, or other mild future disability from injuries such as dislocation or cartilage tears. | £14,840 to £26,190 |
| Ankle | (b) Severe | Injuries needing extensive treatment period and/or lengthy period in plaster. Significant residual disability in the form of instability and severely limited walking ability. | £31,310 to £50,060 |
| Ankle | (d) Modest | Less serious, minor or undisplaced fractures, sprains and ligamentous injuries. | Up to £13,740 |
Special Damages
Special damages can compensate for the financial losses your injuries have caused you. This is the other head of claim that could make up your settlement. So if you have incurred travel expenses or childcare costs, experienced a loss of earnings or future income or any other financial loss because of your injuries, you could claim them back as part of your personal injury compensation.
Keep any documentation, such as invoices, transport tickets, receipts, that illustrates your monetary losses. These can help prove any expenses you incurred.
For more information on how compensation is calculated for successful pothole accident claims, please speak with an adviser on the number above.
Contact Our Team About No Win No Fee Pothole Accident Claims
Our advisers can assess the validity of your claim. If they believe it has a good chance of success, they can connect you with a personal injury solicitor from our panel, who can offer to take your claim under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA).
Making your claim under a CFA could present significant advantages to you. Generally, there are no upfront fees for the solicitor’s services, and neither will you have to pay any fees as your claim progresses. If your claim does not succeed, you do not have to pay any fees for the solicitor’s work on your case.
Upon the success of your claim, the solicitor will be able to deduct a percentage as their success fee from your compensation. You and your solicitor will agree on the success fee prior to the start of your claim. Also, since this percentage is capped by law, you will keep the majority of your personal injury compensation.
If you have any questions about No Win No Fee agreements, or about pothole accident claims, you can contact our advisers via:
- Telephone on 0161 696 9685
- Our ‘contact us‘ form
- The live chat feature
Find Out More About Claiming For A Pothole Accident
For more of our related guides:
- Read more about making a public liability claim for an accident in a garden.
- Learn about the other circumstances for which you could make a pothole claim.
- Find out how much compensation you could claim for a head injury.
For more resources:
- NHS – Head injury and concussion
- GOV – Statutory sick pay (SSP)
- GOV – Report a pothole
Thank you for reading our guide on pothole accident claims. For more information, you can see our other guides or contact our advisers, who will be happy to address any questions you may have.
Written by HC
Edited by MMI