My accident was caused by the state of the road, can I still claim?
Claims for accidents caused by the condition of the road are usually made against the local council, but it is important to gather as much evidence as possible (photos, etc.) as councils are more likely to dispute liability for injuries in these cases.
If you’re involved in a road traffic accident (RTA) which was caused by the negligence of another party then you’ve every right to make a claim for compensation, and this is true whether the other party is a driver, a cyclist, a pedestrian or a the body responsible for the condition of the road. It’s an undeniable fact that driving on the road in the UK is safer than it’s ever been, thanks to a combination of technology such as crumple zones and airbags and higher standards of driver education. Despite this, however, things can still sometimes go wrong and when they do the consequences can be extremely serious.
In the vast majority of cases the other party in a compensation claim will tend to be another road user but occasionally an RTA might be caused by the dangerous condition of the driving surface itself. If the surface of a road has been badly damaged and this causes your car to skid, mishandle or crash then any injuries you suffer have come about as a direct result of negligence
The feasibility of any claim for compensation will depend upon the extent of any damage to the road and the length of time which the local authority has had to repair it. Other factors which might cause an accident include debris left in the road after work has been done or a frozen surface which hasn’t been cleared efficiently.
If you’ve been involved in an accident of this kind then you’ve already been unlucky, and it’s simply unfair that you should go on suffering after the event whilst those responsible get away scot free. Collect as many details of the situation which caused the accident as you can including, if possible, photographs of the condition of the road and the accounts of any witnesses who saw what happened.
A personal injury lawyer will look at all the evidence and give you an honest appraisal of your chances of mounting a successful claim for compensation. If they feel you should go ahead they’ll fight on your behalf without charging a penny up front.