Slips, trips and falls in public, whether due to a pothole or any other hazard, can leave the victim feeling humiliated as well as the physical pain experienced through injuries sustained.
When you do take a trip or fall when out and about and you believe you are not to blame for your public accident, you may want to consider your entitlement to personal injury compensation.
Can I make a claim against a local authority?
In short, if you can provide sufficient evidence to suggest that the council or Highways Agency is responsible for your road-related accident, it is likely that you have an eligible claim.
Most local councils have a legal obligation to ensure that the roads within their specified catchment area are fit for use for both motorists and pedestrians. When you sustain an injury due to potholes or problematic areas of road, in many cases it will be concluded that the local authority has failed in their legal requirement to safeguard your health and safety.
This is the basis for your claim, whether you were a motorists or a pedestrian who experienced a slip, trip and/or fall.
In the instance that you were injured because of problems with trunk roads or motorways, your claim will be made against the Highways Agency rather than local authorities.
How do I start the claims process?
Due to the complex nature of personal injury claims – be it a public accident or a road traffic accident – it is best to allow a specialist law firm, such as Accident Advice Helpline, to assist with your case.
Accident Advice Helpline works on a 100 per cent no-win, no-fee* basis to guarantee victims of personal injury receive the compensation they are entitled to, at no financial risk to themselves.
Following your free initial consultation with us, you will need to provide:
- Evidence of liability, eliminating, or minimising any contributory negligence
- Photographs of the pothole or problem area
- Witness details from both those at the scene of the accident and local residents, who can state how long the pothole has been there
It is necessary to contact Accident Advice Helpline as soon as possible. If you have been involved in a trip or fall on the pavement in the past and feel you are entitled to compensation, the accident in question must have occurred within the last three years.
Call the Accident Advice Helpline on 0800 689 0500 for a free initial consultation.
Date Published: July 22, 2015
Author: Accident Advice