Pothole Injury Compensation

Potholes and other road defects, such as cracks, raised drain covers or loose surfaces, can cause serious injury to road users. All road users can be affected by potholes and other defects. A sudden jolt caused by a damaged surface can lead to a loss of control, increasing the risk of a collision or serious injury. This can result in broken bones, head injuries, or long-term physical complications.

JMW’s personal injury team helps people who have been injured due to poor road conditions. Our pothole claim solicitors have experience with these types of claims and understand the responsibilities that road maintenance bodies must follow. We look at what caused the accident, who was responsible, and what impact the injury has had on your life.

We act quickly to put care and rehabilitation in place when needed, allowing you to focus on recovery while we manage the legal side of your pothole damage claim.

To speak to a personal injury solicitor about an incident involving a pothole or damaged road surface, call 0345 872 6666, or fill in our online enquiry form and we will contact you at a time that works for you.

How JMW Can Help

JMW’s personal injury team includes solicitors with extensive experience in claims involving potholes and defective road surfaces. We have a detailed understanding of the laws surrounding road maintenance and public liability, and we approach every case with care, efficiency and professionalism.

As no win, no fee solicitors, we take on your case without any upfront cost to you. You will only pay if your claim is successful. This makes pursuing a claim accessible and risk-free.

Your solicitor will work closely with you to understand the full impact of the incident and the support you may need. This can include arranging rehabilitation or treatment, and seeking to recover the costs of repairing or replacing your vehicle, cycling equipment or other property damaged in the accident.

We take responsibility for managing the legal process on your behalf. Our goal is to ease the pressure, guide you through each stage with clear advice, and help you achieve the compensation you are entitled to.

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Case Studies

Why Should I Make a Pothole Accident Claim?

Pothole accidents can happen anywhere - on busy roads, rural lanes or urban streets. The organisations responsible for road maintenance, often local councils or highway authorities, have a duty to keep road surfaces in a safe condition. When they fail to act and a person is injured as a result, a compensation claim may be possible.

The risk of pothole injuries increases if road surfaces are not properly maintained. Take a look at our survey into the number of potholes in Manchester and London for insights into recent trends.

It is your right to make a pothole injury claim if you have been injured by a pothole or other road defect while using the roads. Pothole injury compensation can go some way to assisting your recovery by helping to pay for medical expenses, travel costs and repairing or replacing your vehicle. Like with other personal injury claims, there are two types of damages that make up your final compensation award.

General damages

These are worked out based on set judicial guidelines and what compensation has been awarded in existing pothole accident claims featuring similar injuries. An estimate of how much compensation you could receive based on your injury can be worked out by using our compensation calculator.

Special damages

Special damages cover the financial losses linked to your accident. For road users, these can include:

• Bicycle, motorcycle, or vehicle repairs and replacement
• Replacement of cycling or motorcycling kit and accessories
• Costs of medical treatment or rehabilitation
• Travel expenses related to your injury
• Loss of earnings
• Support with personal care
• Loss of ability to take part in usual activities or hobbies

No two claims are the same. Each person will have different injuries and requirements, and the financial impact will vary. The more information we have about your losses, the stronger your claim will be. Keeping receipts and records of expenses is important, as this helps us recover the full costs on your behalf.

Q

Can I make a pothole accident claim?

A

You may be able to make a claim for compensation if certain legal conditions are met. These include:

• The road was managed by an organisation, such as a local council or highway authority, with a duty to keep it in a safe condition
• That duty was breached - for example, the pothole had been reported or should reasonably have been identified, but was not repaired in time
• You experienced a personal injury as a direct result of the defect, whether physical or psychological

If you're unsure whether these apply to your situation, speaking to a solicitor can help you understand your options.

Q

What accidents commonly happen because of potholes?

A

Potholes and other road surface defects can lead to a range of incidents involving all types of vehicles. These accidents often occur when a driver or rider:

• Loses control after hitting a pothole
• Swerves suddenly to avoid a defect, leading to a collision
• Hits a pothole at speed, damaging tyres or suspension and causing instability
• Is thrown from a bicycle or motorcycle due to an uneven or broken surface
• Experiences a reduced stopping distance caused by poor road conditions

These situations can result in a variety of injuries, including:

• Sprains and soft tissue damage
• Fractures and broken bones
• Whiplash
• Concussion
• Head injuries
• Back or spinal injuries in more serious cases

Q

Who is responsible for repairing potholes?

A

Responsibility for road maintenance depends on the type and location of the road. In most cases, local councils are responsible for keeping roads and pavements in a safe condition. This includes identifying and repairing defects such as potholes to reduce the risk of injury to cyclists, motorcyclists, and other road users.

For major roads and motorways, responsibility usually lies with National Highways (formerly the Highways Agency). In London, Transport for London (TfL) manages key routes across the capital.

All authorities responsible for road maintenance must carry out regular inspections to identify potential hazards. Any defects found should be repaired within a reasonable timeframe. Timescales vary depending on the type of road and how important it is to the local area - these classifications are set by each council.

If a council, National Highways, or another authority fails to meet its responsibilities and you are injured as a result, you may be able to make a claim for compensation.

Q

How do I make a claim for an injury caused by a pothole or other road defect?

A

If you have been injured by a pothole or other road defect, it must be proven that the local authority or National Highways have neglected their duty to keep you safe. To do this, detailed evidence about the road defect that caused the accident must be collected as soon after the incident as possible. This includes:

• Where the accident took place: any landmarks or lamp post serial numbers should be written down or photographed, ideally with the defect in sight, to provide as concise a location as possible so it can be determined who is responsible
• Contact details of any witnesses: these can be contacted to corroborate the details you have provided about your accident if the local authority denies responsibility
• Photographs of the pothole or road defect: you should use a spirit level and tape measure to clearly display the width and depth of the defect. Ideally, an accurate date stamp should be featured

Q

How deep does a pothole have to be to claim?

A

For a pothole or road defect to be considered legally dangerous, it must usually meet a minimum depth. These thresholds help determine whether the responsible authority could reasonably be expected to have repaired the defect before the accident happened.

While each case is assessed individually, the following measurements are commonly used as a guide:

• 20mm or more for a pavement or footpath
• 40mm or more for a road, motorway, or major carriageway

If the defect that caused your injury meets or exceeds these depths, your claim may have a stronger legal basis. However, other factors are also considered - including how long the defect had been present, whether it had been reported, and the authority’s inspection records.

Speaking to a solicitor can help you understand how these standards apply to your situation and whether a claim can be made.

Q

How long does this type of claim take?

A

There is no clear timescale for how long a claim for an accident involving potholes will take to settle, as an element of the case hinges on whether the authority admits liability immediately or if your solicitor has to prove that they are to blame. If liability is admitted, the process should be simple, as evidence will be exchanged with them, and a settlement agreed upon.

However, if liability is not admitted, your solicitor will need to take steps to prove that the authority was responsible for your injury. This is where your existing gathered evidence will be useful. Your solicitor will also look to secure additional supporting information, such as requesting any reports on your defect from the council, as well as a request for reports surrounding road defects in that area to see if they were allowed to go unrepaired past the allowable time period.

Unhappy With How a Solicitor Has Handled Your Claim? Switch to JMW Solicitors

If you have approached another solicitor regarding your claim and are dissatisfied with the legal advice you have been given, or the lack of communication about your case, we are happy to take on your pothole accident injury compensation claim and provide you with the high-quality service you deserve.

We have helped several clients who have experienced poor-quality service and inadequate advice from other solicitors to achieve successful pothole injury claims. Those who have switched their case to JMW have commented on our personable approach and our willingness to communicate on a regular basis.

Our team is here to discuss your case and the options available to you. We can advise you on what to do next and will handle any necessary arrangements with your current solicitor.