Pothole Accident Claims Guide – How To Claim Compensation

By Joanne Jeffries. Last Updated 29th July 2021. Welcome to our guide on pothole accident compensation. Please look at our guide, where we will discuss pothole accident claims and provide free legal advice on making a pothole claim. Throughout the course of the guide, we are going to address how a personal injury lawyer could offer to handle your case under a No Win No Fee agreement and discuss how much compensation you could be awarded.

Pothole accident and pothole claim

Pothole accident and how to make a pothole claim

Pothole accidents happen in many ways, and they can affect pedestrians, cyclists and even motorists. They can happen anywhere, in the street, or a publicly accessible building such as supermarkets. They can also happen at work.

If you have been injured to tripping on or falling down a pothole, no matter where it happened, Accident Claims UK can help you claim compensation for falling down a pothole for a wide range of injuries as a sprained ankle pothole injury, not to mention your pain and suffering. Call us on 0800 073 8801 to begin your pothole injury claims today.

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A Guide to Pothole Accident Claims

If you have suffered a pothole personal injury, then this guide is for you. It is aimed squarely at people who have been victims of a trip or fall due to a pothole and will address questions such as how deep a pothole has to be to make a pothole claim? And others. By following the advice and information given in this guide, you will have a much lower chance of having a pothole claim rejected. It will cover information such as:

  • Key statistics about pothole-related accidents that happen in the UK.
  • A definition of what a pothole or a slip, trip or fall injury is.
  • A discussion of the liability of local councils across the UK to keep pavements in good repair.
  • Information on claiming for a pothole accident in a public place such as a supermarket or restaurant.
  • How pothole accidents can affect cyclists and even cause a multi-vehicle road traffic accident.
  • Information on how schoolchildren who are injured due to potholes in the school playground can be claimed for.
  • Detailed instructions on exactly what you need to do to have the best chance of making a successful claim for an injury caused by a pothole accident.
  • A rough guide to how much you might be able to claim for a pothole accident and a table of typical compensation amounts.
  • Why you should consider using Accident Claims UK to make your pothole accident, and also an introduction to our national personal injury claims service.

Regardless of how or where your pothole accident took place, if somebody else was responsible for it happening, Accident Claims UK will be able to help you claim the pothole accident compensation you are entitled to. Call us at the number at the bottom of this page today to begin your pothole claim.

Slip, Trip, and Fall Accident Statistics

Slip, trip and fall accidents are the single most common type of accident in the UK every year. And surprisingly, it is the second most common type of fatal accident. 15% of all fatal accidents in the UK every year are slips, trip or falls. Only road traffic accidents have a higher fatality rate.

 

pothole claim statistics graph

When it comes to workplace accidents, the single most common type of compensation employees claim is slips and trips compensation. As you can see from the table above taken from the Health and Safety Executive website for 2019/20, 29% of all workplace accidents are slips, trips or falls.

As you might imagine, we deal with many slip, trip and fall claims each year at Accident Claims UK. And we can help you with your pothole accident claims. Just call us on the number at the bottom of this page to find out how you can claim pothole accident compensation.

Pothole Slip, Trip, and Fall Injuries

To answer questions such as I fall in a pothole can I sue? and I fell due to a pothole in the street, is it worth making a pothole claim? The deciding factors will be where the accident took place and how the accident happened.

Some pothole accidents occur while a person is carrying out their work, either on their employer’s premises or a trading partner, customer, or supplier.

Other pothole accidents happen in a public place, such as a supermarket or restaurant car park.

And then there are the pothole accidents that happen on the public streets, which are the local council’s responsibility to maintain.

Regardless of how and where your pothole accident happened, Accident Claims UK will be able to assist you in claiming the compensation you are entitled to. Call us at the number at the bottom of this page to find out how to start your claim.

Claim for a Pothole Accident at Work

Every organisation in the UK, including private companies, Government-run organisations and healthcare providers, are required by law to maintain a safe and healthy workplace for employees at all times. The UK Health & Safety Executive publishes strict guidelines on how every organisation is expected to maintain public thoroughfares.

This means that if you are the victim of a pothole accident at work, and it can be proven that your employer has failed to maintain the required Health & Safety standards, you will have a viable route to claiming personal injury compensation.

Call Accident Claims UK today, on the number at the bottom of this page, and speak to one of our work-related accident team to begin your pothole accident claims today.

Claim for a Pothole Accident in a Public Place

As mentioned above, one of the main drivers in claiming compensation for falling down a pothole is where the accident took place. As with work-related accidents above, every private company that allows the public onto its premises are required under legislation produced by the UK Health & Safety Executive to maintain a safe environment for the public at all times.

This means that if you have a pothole accident in the public car park of any private company such as a hotel, supermarket, or restaurant, you should be able to claim compensation. Additionally, other organisations such as the public library, local train station, and even the police station have to operate under the same H&SE directives.

So, if you fall foul of a pothole accident in any public place, you should be able to claim pothole accident compensation. Accident Claims UK can help you. Call us on the number at the bottom of the page.

Is the Council Liable for My Injury?

As with all claims against the council for personal injury, you need to prove liability to sue the council for pothole injury. The council must maintain all public footpaths, pathways and roads to a safe standard, as defined in Section 58 of the Highways Act, 1980. If you have tripped on or fallen down a pothole due to the council not doing their job properly, you will be able to make a claim.

Accident Claims UK can help you claim against the council for a slip, trip or fall accident involving a pothole. Call the number at the bottom of the page to start your pothole accident claims.

Pothole Accidents and Injuries on Private Property

If you were to ask several pothole claim solicitors if it is possible to claim for accidents that happen on private property, a typical answer would be “maybe”.

In some cases, if it can be clearly proven that the land owner has failed to maintain a publicly accessible roadway, which has lead directly to the accident, a claim should be possible. However, the situation is far from simple. For example, if you were to have a pothole-related accident on a private property that you had no right to be on, then you likely won’t be able to make a pothole claim.

Pothole Cycling Accidents

Solicitors treat Cyclist pothole claims in almost the same way as a pedestrian accident. If the accident happens in a public place or on the street and the property owner or the local council are at fault, you will have a valid reason to make a compensation claim.

On top of claiming compensation for the injury itself, you will also be able to make pothole accident claims for any damage to your bicycle as well.

If you call us at the number at the bottom of this page, we can help you start your claim for pothole accident compensation.

Pothole Car and Road Traffic Accidents

If a pothole on a public road causes a road traffic accident, then there will be a route to making a claim. Potholes are not frequently the cause of car accidents, but they are a very common cause of motorcycle accident claims.

If you are involved in a road traffic accident that a pothole has caused, you must take two specific steps to give you the best chance of making a successful compensation claim:

  1. Take plenty of photographs of the scene of the accident. Photograph the damage to your vehicle, and of course, photograph the pothole itself.
  2. If there were any witnesses, make sure that you take their names and addresses. There may be a need to get a statement from them in the future to help you make your compensation claim.

If you do both of these things above, then Accident Claims UK will have a much simpler time in claiming your compensation for you. Call us at the number at the bottom of this page to find out how we can help you make a pothole claim.

Pothole Injuries to Children in Schools

Every school is required by law to maintain a safe environment for students at all times. This means the playground and outside areas, as well as inside the school buildings. Therefore, if your child is injured due to falling down a pothole, they will have a valid reason to make a pothole claim.

However, it should be noted that you will have to claim compensation on behalf of young children, and this is something that Accident Claims Service can help you with if you call the number at the bottom of this page.

How to Start a Pothole Accident Claim

To start a compensation claim for falling down a pothole, you first need to be sure that you have a valid reason to make a claim. For example, the answer to the question, how deep does a pothole have to be to claim? Is that it needs to be deeper than an inch. If the pothole you tripped on is less than an inch deep, you might not be able to make a compensation claim. So, the answer to the question, if I fall in a pothole, can I sue? is yes, if you have a valid reason too. The good news is that if you call Accident Claims UK, we will be able to tell you very quickly whether we believe you have a valid reason to make a compensation claim for an injury that resulted from falling down a pothole.

Once you call us, we will go through the process of fact-finding so that we have all the details of your pothole accident claims so that we know how best to action them. During this stage, we will ask you questions such as:

  • Where and when did you trip over or fall down a pothole?
  • Were you in a public place? Or on a publicly accessible private property such as a supermarket or restaurant?
  • Has your injury been fully treated? Are there any expected long-term negative health effects of your injury?
  • Have you had to miss work, or have you lost out on income somehow due to the injury?
  • Have you had to pay any out of pocket medical expenses?

These are the types of questions we will need to answer before deciding how best to make your claim for pothole accident compensation. Once we know this information, we will offer you some free legal advice on what to do next. In most cases, this will be to take advantage of the No Win No Fee personal accident claims service that we offer here at Accident Claims UK.

We can also help arrange for you to get an expert medical opinion to support your pothole claim, which means we will need to arrange a local medical examination. And we operate local legal teams all across the UK, so if you feel you need to speak to a legal professional in a face to face meeting, we can likely arrange for one of our team to visit your home. Note that the findings of the medical assessment could greatly influence the potential compensation awarded.

How Much Compensation Could I Get for a Pothole Accident? – Updated July 2021

How much compensation you receive for a pothole accident depends on many factors. For example, the severity of the injury you have sustained. A sprained ankle pothole injury will attract less compensation than a broken leg. It also depends on other factors, such as how well your pothole damage claim letter was presented. This is especially true of cases that are settled out of court. A strong, professionally written claims letter from a solicitor generally attracts higher compensation. You will find a list of the typical amounts of compensation that people who have suffered an injury to a pothole accident generally receive:

Type of InjurySeverityAmount
Neck InjurySevereIn the region of £139,210
Neck InjuryModerate£23,460 to £36,120
Back InjurySevere£85,470 to £151,070
Bacj InjuryModerate £26,050 to £36,390
Shoulder Injury Severe£18,020 to £45,070
Shoulder Injury Moderate£7,410 to £11,980
Arm InjurySevere£90,250 to £122,860
Wrist InjurySevere£44,690 to £56,180
Ankle Injury Severe£46,980 to £65,420
Ankle Injury Moderate£12,900 to £24,950

These are only estimated figures. For a much more accurate idea of how much compensation you could claim following a pothole injury, call Accident Claims UK on the number at the bottom of this page.

No Win No Fee Claims for Pothole Injuries

Accident Claims UK offers our No Win No Fee national personal injury claims service as the simplest, most effective and financially risk-free way to make a pothole claim.

Under our No Win No Fee deal, there is absolutely no cost at all to start your claim. As we proceed to make your claim, no matter how long it takes, we won’t charge you any ongoing legal costs. And if for some reason, however unlikely, we fail to claim any compensation for you following your pothole accident. Then you don’t need to pay us anything at all. The only time we will expect you actually to pay any legal fees is when you receive a compensation payout. So, as you can see, our No Win No Fee claims service can help you claim for a pothole accident, and you have nothing to lose, even if we don’t win your pothole accident claims.

Why Use Accident Claims UK for Your Claim?

Accident Claims UK has a track record of claiming significant compensation payouts on behalf of our clients, which goes back more than three decades. Our legal team is highly experienced in claiming personal injury compensation from large organisations such as the local council, the National Health Service and large private corporation.

While we are proceeding with your claim, we will always keep you up to date regarding what we are doing to move your claim forward. We explain everything without using legal jargon. We always attempt to win you the most pothole accident compensation we can but will never do anything that might jeopardise you winning the case.

If you would like to learn more about how we operate and how we can help you claim compensation following a pothole accident, give us a quick call at the number at the bottom of this page.

Talk to Our Team Today

If you are ready to begin your claim for compensation following a pothole accident, call us on 0800 073 8801. We will ask you some questions to understand your situation before offering you some free legal advice on what to do next. We will also explain our No Win No Fee personal injury claims service, how it works, and why it is the most risk-free, simple and effective way to make pothole accident claims.

Useful Links

Please find out how you can claim compensation. Contact us for free legal advice.

How To Claim Compensation After A Accident In a Public Place?

At the link below, you will find a UK Government operated website that allows people who have found a new pothole to report it so that a repair can be scheduled:

UK Government site to report a pothole

At the link below, you will find information that has been published by the NHS on how to deal with sprain and strain injuries, which are a common injury caused by pothole accidents:

Dealing with and treating sprains and strains info published by the NHS in the UK

The link below leads to a UK Government operated portal that allows members of the public to search a database of known potholes and another road/pavement damage that could cause an accident. It also contains links to recent reports that present pothole statistics in the UK>

UK Government database of potholes and road/pavement damage

Pothole accident claims FAQs

What is the main cause of road traffic accidents?

Numerous factors, such as: could cause a road traffic accident

  • Road damage.
  • Potholes.
  • Speeding
  • Ignoring the rules of the road.
  • Careless driving.
  • Driving under the influence.

Can I claim for damage caused by potholes?

To claim pothole-related damages, the claim would be made against the party at fault. For example, if your car was to be damages and crash due to a pothole on a public road, then you may consider claiming the city council. Thankfully, our team of personal injury lawyers could offer to handle your case under a No Win No Fee agreement.

What are the most recent road traffic accident statistics?

Within this section of the guide, we wanted to take the time to include statistics provided by the Health and Safety Executive (HSE). As outlined by the HSE, there were:

  • 1,580 reported road deaths.
  • 24,470 serious injuries.
  • 131,220 casualties of all severities.

In 2019, car occupants accounted for 42% of road deaths, pedestrians 27%, motorcyclists 19% and pedal cyclists 6%. As the figures are estimates for 2020, we do not yet have firm figures for casualties by road user at the time of posting.

Can you get whiplash from a pothole?

This is possible if the front wheel goes deep and fast into the pothole.

How long after an injury can you claim?

You can claim any time for up to three years in the aftermath of an accident.

What are the stages of a personal injury claim?

These are appointing legal representation, gathering evidence, receiving medical updates, negotiating a settlement and settling out of court.

Can you do a personal injury claim yourself?

This is possible, though it’s highly recommended that you instead allow a personal injury solicitor to manage your case.

How long should you go to physical therapy after a car accident?

This simply depends on the extent of the injuries and how long you feel you need treatment for?

How to I prove my injuries in a pothole claim?

If you’re interested in making a pothole claim for injuries you’ve received from a slip and fall involving a pothole, or any other type of pothole accident claim, you might want to know how to prove your injuries. Claimants must obtain an independent medical report, detailing the nature and the severity of their injuries. They would do so by going to see an independent medical expert. The expert would review relevant past medical notes, and examine the claimant, assessing their injuries from an independent perspective. They may order some tests too. Once they have all the information they require about your injuries, they’d put together the report. Your lawyer could use this medical evidence alongside the Judicial College Guidelines to hone in on what could be an appropriate compensation payout for you.

What other evidence would I need?

As well as needing medical evidence, you’d need to submit evidence relating to the accident, such as photographs of the scene or your injury. You could also collect witness details so that your solicitor could contact them to give a statement on your behalf. Additionally, you’d need to submit evidence relating to any costs or losses caused by the pothole accident and your injuries. This could be bank statements and bills that show medical expense, receipts for prescriptions, and payslips to show your loss of earnings claim. If you’re at all unsure as to what evidence you would need to supply your lawyer with, we’d be happy to talk to you.

Thank you for taking the time to read our guide on pothole accident claims. We hope you have learned a lot about how to claim pothole accident compensation. If you have questions about making a pothole claim, please don’t hesitate to call us.