West Sussex Council has reportedly filled a huge pothole on the A272 shortly after a 74-year-old Porsche driver tragically lost their life in a four-car collision on the same road as they tried to avoid the large hole in the tarmac.
On 29 April 2024, Sussex Police officers suspect the Porsche driver collided into a white BMW as it tried to avoid the pothole before hitting two other cars and the porch of a nearby property in Petworth, West Sussex.
The driver of the Porsche, from Surrey, unfortunately passed away at the scene while the 65-year-old resident from Sussex, behind the wheel of the BMW suffered ‘serious injuries’ and as a result was taken to hospital and is now fortunately in a stable condition.
Information submitted to West Sussex Council on 14 March 2024 disclosed warnings of drivers swerving to avoid the potholes on this road. A resident previously told the Council about two potholes one that was 1.6 foot wide and another on the opposite side of the road being 1.3 foot wide.
The report states:
“Both cause vehicles to veer into the opposite carriageway. They have been there for longer than 30 days and are continuing to deteriorate”.
On the same day, another person also corresponded, stating:
“In 14 months, I’ve had to buy four new wheels, 12 tyres and two new front wheel bearings all due to the negligence of the public highway. I want answers. Both east and westbound carriageway is destroyed and liable to cause a serious accident”.
The reports stemmed from FixMyStreet, an app for drivers to report potholes to the RAC, the data demonstrated that one-third of motorists have been in situations where they have had to abruptly swerve in order to miss a pothole and therefore have crossed into either the opposite side of the road or quickly into another lane, causing possible accidents.
Hitting a pothole in your vehicle can cause many issues, including distorted wheels, damaged shock absorbers, and broken suspension springs. However, this tragic story clearly highlights the huge impact they can have on families who have lost loved ones as a result of accidents involving potholes, or those people who have suffered serious and even life changing injuries. It isn’t just drivers who are vulnerable to potholes. It can also affect motorcycle drivers and cyclists – and even pedestrians.
Pothole injury compensation claims
Pothole injury compensation claims occur when individuals suffer harm due to accidents that were not their fault. This includes situations where someone has lost a loved one due to such an incident. We specialise in representing claimants who have sustained injuries because of potholes on roads or pavements.
Highway Authorities, such as County Councils and the Highways Agency, are obligated to maintain roads and pavements. If they neglect this duty and it results in harm or damage, they may be held liable. However, they can avoid liability if they can demonstrate that they have a reasonable system in place for inspecting and repairing these surfaces.
In personal injury cases, we typically need to prove that the Highway Authority should have been aware of the pothole or defect before the accident occurred. This often involves gathering evidence, such as whether the defect had been reported to the Highway Authority or if it was noted during the last inspection.
If you’ve been injured due to a pothole or road/pavement defect, it’s crucial to take photographs of the issue. These photos should be:
- Taken when it is daylight from several distances including a ground level view of the defect;
- Include a tape measure to accurately see the dimensions of the defect (although sometimes, its size may be evident without measurement).
Any Highway Authority may be held responsible for an accident if it can be proven that a defect was reported to them but not addressed. You can report defects directly to the responsible Highway Authority by entering your postcode on GOV.UK’s website.
How can we help?
Hannah Manewell is an Associate in our Personal Injury team, which is ranked in Tier One by the independently research publication, The Legal 500. Hannah specialises in a wide range of personal injury matters, but with a focus on serious injury cases, including accidents at work, occupiers’ liability, and road traffic accidents.
If you need any advice in relation to the topics discussed in this article, please contact Hannah or another member of our specialist team. Please contact us via our online enquiry form or call 0800 024 1976 for a guaranteed response.