The Problem With Potholes

Lauren A

Potholes and other damages to the road can often be a motorcyclist’s worst nightmare, and the legalities surrounding what you can do if you find yourself injured because of a pothole in the road can be a bit of a grey area. Fortunately, our lawyers here at Express Motorbike Solicitors have dealt with injuries on behalf of motorcyclists for many years now, and are more than capable of coping with the many difficulties you may encounter when dealing with the local authorities or councils.

It’s unlikely that there is a single motorcyclist on the road who hasn’t experienced the dangers of a pothole. But knowing exactly what to do when a problem arises can ensure that they get solved swiftly in the future.

What about the legislation?

Part 4 of the Highways Act of 1980 refers to the maintenance of public highways such as road, carriageways, cycle ways and pathways at the public expense.

In order for a road to be maintained, those responsible must ensure that public roads and their surfaces must be safe enough to be used, but as all road users will know, this isn’t always the case. They will also know that getting from A to B would be virtually impossible without using a public road, which means motorcyclists and other road users have very little choice in the matter.

In theory, because we are, in a way, forced to use these roads, shouldn’t the person responsible for their maintenance be working hard to ensure that users don’t get injured in the process?

Unfortunately, people are injured everyday whilst using public roads, and one of the main causes of these injuries is the infamous pothole. These dents in the road are little more than a nuisance to car drivers as they are rocked around in their seat, but to the motorcyclist, they can be deadly. And if a motorcyclist is injured because of a pothole shouldn’t it be the duty of those responsible to pay compensation for their injuries?

Shouldn’t roads be inspected?

Those responsible for the maintenance of public highways will always insist that a full and proper inspection system is in place. And although they may have written records of regular inspections, the validity of these records can vary depending on the size of the task at hand and the time frame given, as the length of road to inspect could vary from 50 miles in two weeks to 1,000 in two weeks.

Up-to-date inspection records can make it difficult for personal injury lawyers in these circumstances to claim compensation on behalf of their client, but sometimes it is possible for witnesses to testify to how long a pothole has been present. Council records will also be able to show whether a complaint about a pothole was ever reported, and whether or not that report was followed up on.

But don’t be put off by the complexities that a motorcycle injury claim can come up against. Our solicitors know exactly what evidence to look for to determine how long a pothole has been present, and how long it has been left unattended.

What should I do next?

It is always sensible to get in touch with a firm of experienced solicitors to ensure that you receive the best legal advice and help from the initial outset. Our solicitors can look into your case and assess your chances of success based on a number of factors.

So if you believe you have had an accident on the road because of a pothole that was through no fault of your own, speak to Express Motorbike Solicitors today for free and expert advice. You can call us on 0845 456 4007.

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