In the current climate it is becoming increasingly difficult to pursue a successful claim against a local authority or Highway Agency when a Claimant has sustained an injury as a result of a pothole. What is therefore needed at the onset to ensure success?
Potholes are a problem for most road users but for a cyclist or pedestrian they can result in a serious injury.
The Local Authority/ Highway Agency are under a duty to ensure that the pavements and roads are maintained, meaning that they should be defect free. If they are not and that defect has caused someone an injury then the injured person will be entitled to make a claim. However what does the Claimant need to do to ensure success?
The Claimant must prove:
- The highway was in such a condition that it was dangerous to traffic or pedestrians;
- The dangerous condition was created by the failure to maintain or repair the highway;
- The injury or damage resulted from such failure.
If a Claimant has an injury as a result of a pothole, whether they have fallen off their bike because of it or they have tripped over it, one thing is clear, they need to take good quality photographs.
The photographs ideally need to be taken on the day of the accident, or as close to the accident date as possible to avoid the argument later down the line that there was further wear and tear in the period between the accident and the photographs being taken.
The Claimant needs to obtain clear measurements of the pothole, both the depth and the width and these need to be obviously photographed so that the Solicitors are able to accurately assess if a Court will deem the pothole/defect as dangerous. If you are unable to prove with certainty that the pothole/defect was dangerous then it is likely that the case will not succeed.
The photographs should show clearly the location of the potholes on the pavement/road/carriageway/highway with reference to markers e.g. lamp post/ post box etc. and ideally from different angles.
It is therefore of upmost importance that if you want to bring a claim for an injury as a result of a pothole/defect that good quality photographs are obtained as these are essential.
If you or someone you know has been injured as a result of a pothole call our friendly solicitors today for a free consultation on 0161 207 2020