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The pothole crisis in Scotland is growing and unfortunately, due to inadequate inspections or the failure to repair roads, many are at risk of sustaining an injury. What should you do if you find yourself in this situation?

But first, let’s discuss why we have a pothole problem and what duties our Local Authorities have.

pothole in GlasgowWhy do we have a pothole problem?

It is a combination of adverse weather conditions, high traffic volumes and spending cuts that has allowed this problem to deepen. According to a recent survey, more than 9 out 10 Scottish motorists say the roads are considerably worse than they were a decade ago. It was also reported that Scottish motorists complained about potholes at the rate of one every three minutes last winter.

Neil Greig, Policy and Research Director of IAM RoadSmart, said: “The concept of ‘customer care’ is totally absent from road maintenance, so measuring improvement in driver and rider satisfaction and setting tough performance targets would have our full support”. I could not agree more with this statement. Local Authorities are falling short of their duties and action must be taken.

What duties do Local Authorities have?

Under the Roads (Scotland) Act 1984, a Scottish Roads Authority has a statutory legal obligation to manage and maintain its road network. They are expected to carry out regular inspections and arrange for any necessary road repairs to be carried out within a reasonable time.

What should you do if you find yourself in this situation?

  1. Take photographs and measurements of the defect.
  2. Obtain witness details. It is important that we have evidence on the nature of the defect and how long it has been in existence. 
  3. Report the defect to the police and to your local council. 

Talk to Thompsons

If you have been injured in an accident caused by a defective road surface, you may be entitled to claim compensation for your injuries. Get in touch with us for advice on 0800 0891 331.

Blog by Charlotte McTavish

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