The AA has advised drivers to ‘avoid puddles’ after they had a record month in November for breakdowns caused by potholes.
It is reported that by November 2023 the AA had over half a million call-outs – with a daily average of more than 1,500. In October alone, there were 52,541 callouts for vehicles damaged by road defects, which was a 12% increase on October 2022. A worsening issue it seems for drivers!
The UK has experienced a spell of continuous poor weather with several recent storms, such as Babet, Ciaran, and Debi which have all contributed to poor road surfaces. Potholes are often caused by water entering cracks in the road surface. The constant freezing and thawing of water in icy weather weakens the structure of the road eventually causing the road material to come loose. Rainwater also has a negative effect by increasing the severity of the potholes and covering them, making them difficult or impossible for road users to spot until it is too late.
Despite the Prime Minister pledging more than £8 billion in funding to tackle these potholes recent analysis is still showing that drivers are paying an average of £440 if their car needs fixing after hitting a pothole for any damage more serious than a puncture. Hitting a pothole in your vehicle can cause many issues, including distorted wheels, damaged shock absorbers, and broken suspension springs.
It isn’t just drivers who are vulnerable to potholes. It can also affect motorcycle drivers and cyclists – and even pedestrians. The advice of the AA to both drivers and those on two wheels is to avoid puddles where it is safe to do so, but if there is no alternative other than to travel through, then reduce your speed and keep an increased distance from the vehicle in front.
Pothole injury compensation claims
Anyone who is injured in an accident that wasn’t their fault, or those who are bereaved following the death of a loved one, have a legal right to claim compensation. We regularly act for Claimants who have been injured as a result of potholes in the roads or pavements.
The Highway Authorities, including County Councils and the Highways Agency, have a duty to maintain these and if they fail to do so they may be liable for any damage or injury caused by that failure. Liability for any damage or injury can be avoided where they can prove that they have a reasonable system of inspection and repair in place. In personal injury claims this usually means that we need to prove that the pothole, or any defect on the road or pavement, should have been known to the Highway Authority before the accident. This may mean gathering evidence about whether the defect had been reported to the Highway Authority or that the defect had been present at the time of the last inspection.
If you have been injured as a result of a pothole or any defect in the road or on the pavement then it is vital that photographs of the defect are taken. These should be:
- Taken in the daylight from various distances including a ground level view of the defect;
- Include a tape measure so that the precise height, width, depth, and length of a defect can be ascertained (albeit sometimes it is clearly so big that this is not necessary).
Any Highway Authority is likely to be liable for an accident if it can be shown that a defect was reported to them, but they failed to do anything about it. You can report defects directly to the Highway Authority responsible by first entering your postcode on this 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 find yourself in a situation where you or a family member have been injured on the roads, then contact our specialist team for advice. Please contact us via our online enquiry form or call 0800 024 1976 for a guaranteed response.
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