What is a Pothole?
Cracking and chipping can occur in a road when extreme weather hits. When water gets into these holes, especially in wintery weather, they begin to freeze and thaw. These holes then develop into potholes.
If a pothole is extremely large then your local council or those responsible for the road will seek to repair it as soon as possible or at least maintain it until they can fully repair it. If it is a smaller pothole then it may be left until maintenance is scheduled to deal with the problem.
Who is Responsible for the Pothole?
If you suffered an injury on a "trunk road" then these will usually be maintained by the Highways Agency, who are part of the Department for Transport. A trunk road is usually a main road.
Your Local Council are responsible for repairing and maintaining the road and receive money from the government to perform this task. You can report a pothole to your Local Council for repair through their website. Reporting a pothole may also be favourable for you if your personal injury claim gets to Court and makes you appear as a "good citizen".
If the pothole you fell in was on a private road or a road that is not taken care of by the Local Authority, the road owner or properties on that road will be responsible. To bring a claim against these parties you will need expert legal advice.
How Do I Make a Pothole Claim?
Making a claim for a pothole injury could not be easier. You should aim to find a No Win, No Fee Solicitor that is experienced in road accident claims. The Law Society has set up an accreditation scheme, the Personal Injury Accreditation Scheme. It has some of the best personal injury lawyers in the UK.
A personal injury claim could potentially include compensation for your actual physical injury and any psychological injury you may have suffered from in the process.
You have 3 years from the date of the pothole accident to make your claim, after this you can no longer seek compensation for your injuries.