Pothole Injury Compensation
In 2023, drivers reported approximately one million potholes across UK roads. This is due to the reduction in road maintenance budgets, which has resulted in deteriorating road conditions. These poor conditions have led to a rise in accidents and injuries caused by potholes, with victims increasingly seeking pothole injury compensation.
If you have sustained a pothole injury and are seeking compensation, our team of personal injury solicitors can help. We will help you receive the maximum compensation you deserve.
Get in touch with our team to start the pothole injury compensation claim process.
Common causes of pothole accident claims
Many factors can cause pothole related accidents, which can then create hazardous conditions for drivers, cyclists, and pedestrians.
Below are some of the most common causes of pothole accidents:
Neglected maintenance
Roads and pavements require regular inspections and repairs to remain safe for public use. When maintenance budgets are reduced, or inspections are neglected, potholes often go unrepaired for a long time, increasing the chance of accidents.
Councils and private landowners have a legal duty to maintain their roads and pathways, but unfortunately, negligence is usually the primary cause of pothole accidents.
Weather damage
Harsh weather conditions, like rain, snow, and frost, can significantly weaken a road’s surface. Water can seep into small cracks in the asphalt, expanding during freezing temperatures and creating larger potholes.
Heavy traffic
Heavy traffic, especially from HGVs, can contribute to the rapid wear and tear of road surfaces. Areas with frequent HGV traffic often experience more profound and more widespread potholes.
Inadequate repairs
Rather than comprehensive resurfacing, temporary patchwork repairs are often used as a cost-saving measure for potholes. These short-term fixes can quickly be uncovered, leading to potholes resurfacing in the same areas.
If someone else’s negligence has caused your pothole injury, you may be able to seek pothole injury compensation. Get in touch with our team today on 0800 699 0079 to start your pothole injury claim.
Common injuries caused by potholes
As personal injury solicitors, we’ve seen the types of injuries that potholes can cause to drivers, pedestrians, and cyclists. These are the most common injuries that you may be able to claim for:
If you’ve suffered a pothole injury, our team can help you seek justice. We provide expert, no-win, no-fee legal support for victims suffering from a pothole injury that wasn’t their fault.
Am I eligible to make a pothole injury compensation claim?
If you’ve been injured due to a pothole, you may be able to make a pothole injury claim if the following criteria are met.
The pothole injury occurred within the last three years
You have three years from the date of the accident to make a pothole injury claim. This time limit may be extended if you’re claiming on behalf of a child or someone with diminished mental capacity. However, we recommend filing your injury claim as soon as possible for the best success.
The pothole was in an area maintained by a responsible party
The pothole that caused the injury must be in an area where a council, utility company, or private landowner has a duty of care to maintain safe conditions.
To help you determine this, here are a couple of examples:
- Public roads and pavements are maintained by local councils. Companies that leave the road in a dangerous condition after repairs may also be liable.
- Private land is maintained by the landowner.
There is evidence of negligence
To make a pothole injury claim, you must prove that the responsible party was negligent.
Negligence can be established if: the pothole was present for an extended period without being repaired, it did not meet minimum safety standards and was more than 40mm deep or 300mm wide, and the responsible party was aware of the pothole but failed to take action.
You may also wish to provide evidence to strengthen your pothole injury claim, like photographs, witness statements, medical records, and incident reports. Our team can help you examine your evidence and file a claim.
How Much Can I Claim?
Should I File a Compensation Claim Regarding Pothole Injuries?
If you have stepped into a walkway pothole resulting in a sprain, break, or other bodily harm and if you have recorded such an incident, you may have grounds for a claim, especially if you have medical documentation of diagnosis and treatment.
If you have been in a car accident as the result of a pothole and have been unable to work as a result of the accident, you may have grounds to claim for damage. Additionally, if the vehicle has been wrecked beyond repair or if your insurance company refuses to compensate for the damage to your car, you should file to claim compensation.
Pothole injury compensation amounts
Need more information? Don’t worry, one of our professional claims solicitors will advise you along the way
Contact us on 0800 699 0079 or via our online contact form to start your claim today!
How much compensation can I get for a pothole injury?
As a general rule of thumb, the more serious and life-altering your injuries are, the more compensation you will be entitled to claim.
If you’re curious about how much compensation you could receive after a pothole injury, use our simple compensation calculator below. Or, if you’d prefer to talk with one of our personal injury lawyers, get in touch.
Compensation for minor pothole injuries
This range includes soft tissue damage, minor sprains, or short-term discomfort.
Average compensation amount: From £2,690 to £10,180+
Compensation for moderate pothole injuries
This range includes fractures, severe sprains, and injuries requiring longer recovery periods.
Average compensation amount: From £10,180 to £29,750+
Compensation for serious pothole injuries
This range includes long-term conditions such as spinal damage or life-changing disabilities.
Average compensation amount: From £29,750 to £151,070+
Table of Contents
Pothole Injury Compensation FAQs
How deep does a pothole have to be to claim?
While there’s no universal rule, a pothole must typically be at least 40mm deep and 300mm wide to be considered hazardous. This common rejection can be found in Section 58 of the Highways Act 1980.
I was injured by a pothole on a private property. Can I still make a claim?
Yes, you can make a pothole injury claim against the private property owner if they are responsible for maintaining the area and are at fault. If you’re unsure whether you’re able to make a compensation claim for your pothole accident and injury, get in touch with our team today for expert legal advice.
Why might a pothole injury claim be denied?
There are certain circumstances where your pothole injury claim may not be successful.
This can happen if the pothole does not meet the legal definition of a hazard (for example, it is too shallow or too small). If the responsible party can demonstrate they inspected and maintained the area within a reasonable timeframe or if insufficient evidence is provided to prove negligence.
If you’re unsure about your eligibility or how to proceed with your pothole injury claim, our experienced team at Tylers Solicitors is here to help with your pothole injury compensation case. Contact us today.
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NO WIN - NO FEE
For any Car Accident Claims, call Tylers Solicitors, a leading personal injury solicitor in Manchester offering No Win – No Fee compensation claims across the UK. Our experienced team will work with you to get the maximum amount of compensation you’re entitled to, following any kind of injury that isn’t your fault!