A pothole accident in Scotland can result in far more serious injuries than a grazed knee or a damaged alloy wheel. Injuries may include fractured bones and torn ligaments which can result in long periods away from work. If you have been affected by a pothole accident in Scotland, you may be able to claim pothole accident compensation. No matter where you sustained your pothole accident in Scotland, whether it be in a car park, footpath, a public road or highway or any other location, the pothole accident claims specialists at Thompsons in Scotland are available to help you claim compensation.
We have experience in assisting people in Scotland with claims of this nature and could possibly achieve a settlement whether the accident took place on private land or in a location administered by the local authority.
When is a pothole considered a hazard?
Your pothole accident claim is likely to have greater chance of success if the pothole which caused you to trip meets the following criteria:
- It was on a footpath and was deeper than 22mm.
- It was on a road and was deeper than 40mm.
- It was in a high footfall area and caused an accident without necessarily meeting either of the above-listed measurements.
Supporting your claim
Your case will be easier to prove if you can back it up with photographs. If you have been hurt in a pothole, photograph the damage. We recommend using a ruler or tape measure so that you have a known measurement of the pothole. If you haven't got a tape measure or ruler to hand, it may be worth using a coin, lighter, or another object you recognise to show how big the pothole is.
Capture as many different angles in your photos as possible.
If you did not photograph the pothole while you were at the scene of your accident, you or a friend or family member can go to the scene with a camera and a tape measure and gather the evidence needed to support your claim. Be aware that once your accident is reported, the party in charge of the road maintenance may rush to fill in the hole. Therefore document the condition of the site immediately.
It is also a good idea to seek out and record the names of any witnesses to your accident, let the land owners or managers know what has happened, record a police incident number, if applicable, and if possible, obtain a copy of any CCTV footage of the incident, you can do this thanks to the Data Protection Act.
Seonaid Brophy
Seonaid Brophy
"If we're talking about a pothole, photographs measuring the defect, ideally using a ruler or a measuring tape so that we have specific measurements of that defect at the time of the accident."
Documenting your injury
To bring a claim for compensation you will need to be able to demonstrate that you have sustained a personal injury and that it resulted from your pothole accident. Make sure you get yourself checked out quickly so that your doctor or hospital will be able to record details of your injuries on your medical records.
The level of compensation you obtain will be determined by the nature and severity of your injuries and also, to some extent, by the degree of the defendant's liability. The possibility exists for injured parties in these claims to be held partially liable, although as a general rule of thumb in the majority of pothole accident claims the defendant has been held to be fully liable. For an idea of what pothole injuries might be worth in terms of compensation, the Judicial College Guidelines provide the following ranges:
- Moderate ankle injuries: £16,770 to £32,450
- Moderate knee injuries: up to £16,770
- Wrist injuries with complete loss of function: £58,710 to £73,050
- Every claim is different, and your solicitor will assess the specifics of your case.
Time limits
The time limit for starting the claim for the pothole accident is three years of the date of the accident or it may be time barred. If you are under 16 at the date of the accident and it is not started on your behalf by a parent or guardian, then the three years will run from the day you turn 16.
Public liability claims
Any person who has suffered an accident in a public place can make a claim against the public liability insurance policy of the owner.
Most reliable companies and all local authorities will have public liability insurance to protect them from such claims; however it is not a compulsory requirement under Scottish law so insurance may not exist. If this is the case then it is still possible to claim but only directly from the liable party.
Pothole accident compensation claims in Scotland — why Thompsons?
Thompsons Solicitors has offices in Edinburgh, Glasgow, Dundee, and the Scottish Borders and can help you claim pothole accident compensation wherever you live in Scotland.
We have a respected national profile as one of Scotland's most successful personal injury practices and achieve success in excess of 90% of the claims we undertake. We win around £1 million of compensation for our clients each week and undertake all pothole accident claims on a no win no fee basis and there is no financial risk to you.
For more information about how we may be able to help you, visit your local office today or call 0800 0891 331.
