It has been well documented during the couple of years about the poor state of UK highways. The AA have spoken out stating that Britain has a ‘pothole plague’ and this is even before winter has properly set in. It, therefore, seems a good time to write about accidents that occur on our highways.
Public Highway Compensation Claims
At Nelsons, we get many enquires from potential new clients asking whether they have a claim for personal injury after having an accident on a public highway and being injured as a result. There are obviously many ways a person can get injured when using a public highway, we have set out some of the more common reasons that we see below:
- Tripping over raised paving;
- Tripping over defective utility covers which have not been secured properly or are raised in some way;
- Tripping over a pothole like defect; and
- Tripping over or falling into holes that have been left uncovered and not cordoned off adequately whilst repairs are being carried out.
If you have been injured as a result of one of the above scenarios then you may have a claim for compensation. It is important that you obtain advice from a specialist in personal injury with experience in dealing with these types of claims, as public highway claims can be difficult on which to secure a successful outcome.
Often with these claims it can be difficult and time consuming discovering who has responsibility for the land in question, as it may be either the local city or county council, a utility company or it may even be privately owned.
A second point that you should be made aware of from the outset of a claim is that public authorities do have defences on which they can fall back on. One of these defences is contained in s58 Highways Act 1980, which allows for a defence where the authorities have taken such care as in all the circumstances was reasonably required to secure that the highway was not dangerous to traffic. Public authorities often have inspection regimes in place to fulfil this reasonable duty. These regimes may mean that a busier road is inspected every 3 months for repairs, whilst a lesser used country road is inspected annually. If the defect, which caused your accident, came into being between council inspections, it may be that their defence would be successful. However, if complaints have been made about the defect and no action has been taken, then it may be more difficult for them.
How Nelsons Can Help
Our expert Personal Injury team are experienced in handling claims against public authorities. If we feel that your claim is something that we can take forward then we can offer no win no fee agreements.
If you have any questions in relation to the topics discussed in this article, please contact our team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.