In the news this week, Durham County Council has confirmed that its backlog of road repairs stands at almost £180million. Tilly Bailey & Irvine Law Firm’s solicitors explain more on the dangers of potholes ...
New maintenance figures were revealed this month showing the huge cost of keeping roads up to standard. It is estimated that approximately £180million is required for the upkeep of the county’s carriageway, structures and street lights. The article noted that the condition of unclassified roads are still below average – and this includes rural roads and estate roads with around 21.5% of footways classed as “structurally unsound”.
Here in the personal injury department at Tilly Bailey & Irvine, we have acted for many clients who had been involved in accidents involving potholes in the road.
Indeed one of our own solicitors was involved in an accident when the car she was driving went into the pothole in the road resulting in damage to her vehicle as well as personal injury.
She commented: “I was travelling along the A689 near Bradbury Services when I felt a huge bump and I knew that I had driven down a large hole. The vehicle in front of me also stopped and I noticed that there were a number of vehicles pulled over on the road. I discovered that my car had two flat tyres and was therefore not driveable. It became apparent that all of the vehicles which were stopped there had been damaged by the pothole.”
“I rang the police and was told that they were already aware of the problem and that patrol cars were in the area. I spoke to a policeman on the scene who informed me that there were 50 to 60 vehicles affected in total. Crucially, the pothole had purportedly been repaired the day before due to the weather, but the repair was washed away.
“As a result of this incident, I am suffering from stiffness in my neck, shoulder and back and my car is off the road. I will have an insurance policy excess to pay which is substantial and my premium will increase as a result of the claim.”
The published article also referred to regular inspections taking place to flag potential defects with repairs prioritised. In our experience, councils categorise only those defects that they consider to be hazardous. However, whether a defect is hazardous is a matter for the inspector.
Very often, the council would deny that a defect is dangerous even if it was measured to be slightly less than the intervention level at 40mm or that there were several potholes causing a largely uneven surface.
Potholes are dangerous to pedestrians, cyclists and cars alike. Pedestrians could trip over a pothole whilst crossing the road; cyclists could lose their balance as they cycle through potholes and cars could get damaged. All of the above instances could cause a person to suffer personal injury. This is evident in the cases that we see coming through our doors.
TBI has a wealth of experience dealing with such matters both locally and nationally. If you would like to discuss personal injury claims, please contact Tilly Bailey & Irvine’s Teesside solicitors in Stockton or Hartlepool on 01429 350062 or visit www.tbilaw.co.uk