10 May 2021

Can I claim compensation after a crash caused by a road defect?

Around 14% of road traffic accidents are caused by poor road conditions and defects and if you have been injured as a result then you could be entitled to compensation.
Many people know that if someone drives into them they can claim compensation but what if the accident is caused by a road defect? In this article, we look at how you might be able to make a claim following an accident caused by potholes, uneven surfaces, unclear road signage and other common road defects.

Can I make a claim for a road traffic accident?

To claim for a road traffic accident, you must have been injured in an accident in the last three years, which was at least partially the fault of another party. In the case of accidents caused by road defects, the most challenging part of building a successful claim is proving that poor road conditions were responsible for your accident and that the body responsible was negligent in their duty to maintain the roads.

Who is responsible for road defects?

It is the responsibility of Local Authorities to maintain the roads in their area to a reasonable standard. Most of us are familiar with potholes, obscured signage, poor drainage and worn or slippery surfaces. Every defect has the potential to cause a serious accident. If local Authorities fail in this duty, you may be able to bring a compensation claim. However, it is not always straightforward to prove that the Local Authority has not met their obligations as they are not reasonably expected to keep on top of every road defect.
Claiming for an injury caused by a road defect
You should take photos of the defect that caused your accident as soon as possible to show where and how it is and gather statements from witnesses if you can. You should also contact the police at the earliest opportunity to make them aware of the accident.
We will ask you questions to find out more about what happened and will advise on whether you have a claim and who it should be made against and how much your claim might be worth.
We know it can seem overwhelming to speak to a lawyer but getting the legal advice you need is the first step to getting the compensation you deserve. We understand how much of an effect an accident may have had on your life and the lives of your loved ones, so do contact our experienced personal injury solicitors. We are here to help.

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