You could be injured in a pothole accident as a pedestrian, cyclist, motorcyclist, or motorist. Whilst potholes may seem relatively harmless, they can cause serious accidents and injuries. If you have been injured on a public or private road, car park or other space, you could be owed compensation. In this guide, we look at how much compensation for pothole accidents people could potentially be awarded.
Our guide starts by looking at the different forms of compensation that could be awarded and how these are calculated. Following this, you can find out more about the eligibility criteria all personal injury claims must meet, as well as the types of accidents that potholes could cause. Next, you can find out whom you could claim against. Finally, we explore the benefits of working with one of the No Win No Fee solicitors on our panel.
If you have been injured in a pothole accident, our team could assist you. Contact us by:
- Calling an advisor on 0800 408 7826.
- Contact us using our form.
- Tell us what happened to you using our live chat
Jump To A Section
- How Much Compensation For Pothole Accidents?
- What Determines The Pothole Accident Compensation Amount?
- Can I Make A Pothole Accident Claim?
- Who Is Liable For Injuries Caused By Potholes?
- What Accidents Can Potholes Cause?
- How To Make Pothole Accident Claims
- No Win No Fee Pothole Accident Claims
- Learn More
How Much Compensation For Pothole Accidents?
A claimant left with quadriplegia paralysis following a pothole accident could potentially receive between £396,140 and £493,000. This figure has been taken from the Judicial College Guidelines (JCG).
The JCG is a document that contains compensation guidelines for various injuries. It may be used by those calculating your general damages. This is compensation for the injuries you have suffered and the pain they have caused you.
In the following table, we use some of the compensation guidelines listed within the JCG, aside from the first entry.
| Type Of Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple severe injuries and special damages. | Severe. | An award for multiple severe injuries incorporating special damages, such as for medical care. | Up to £1,000,000+ |
| Paralysis injury | Quadriplegia. | Factors such as the presence of physical pain, life expectancy and awareness will be taken into consideration. | £396,140 to £493,000. |
| Brain damage. | Moderately severe. | Causing serious disability and substantial dependence on others. | £267,340 to £344,150. |
| Back injury. | Severe (i). | The most severe degrees of spinal cord and nerve root damage. | £111,150 to £196,450. |
| Leg injury. | Severe (i) The most serious short of amputation. | Injuries may include extensive degloving or shortening of the leg. | £117,460 to £165,860 |
| Neck injury. | Severe (ii). | Serious fractures damage to the cervical spine discs leading to disabilities. | £80,240 to £159,770. |
| Shoulder injury. | Severe. | Injuries which may involve brachial plexus damage and which are also associated with neck injuries. | £23,430 to £58,610. |
| Pelvis/ Hip injuries. | Moderate (ii). | Requiring surgery, such as hip replacements. | £15,370 to £32,450. |
| Ankle injuries. | Moderate. | Torn ligaments, fractures and injuries causing less serious disability. | £16,770 to £32,450. |
Please note, these figures are not a guarantee of what a claim for pothole damage will be awarded. Your settlement will be unique to your claim.
Contact our advisors to discuss your case.
What Will Determine The Pothole Compensation Amount?
How much compensation for pothole accidents may be awarded for general damages will depend on various factors, such as:
- What injuries you suffered
- Their severity
- The expected recovery period for them
Special damages compensate for financial losses associated with your accident and injury. They are not awarded automatically and you will need to provide evidence of any financial losses you intend to claim for.
Common examples of financial losses you could claim for and evidence which may help you do so include:
- Travel expenses – train or parking tickets or other receipts can all be used to demonstrate travel expenses related to your injury, such as travelling to and from medical checkups.
- Loss of income – payslips and bank statements may be used to highlight impacts to your income. For example, you may have taken time off work following your accident, impacting your income, pension contributions and bonuses. Compensation for this may form a large part of your settlement and can help to ensure you can still provide for loved ones whilst recovering.
- Medical expenses – invoices for medical care, as well as receipts for medication, can all help to prove medical expenses related to your accident and injuries.
- Domestic care – invoices can prove domestic care costs, such as for help in the home. Following an accident, you may have needed help around the home with domestic tasks or even child care.
These are just some examples of what your pothole injury claim could compensate you for. Please contact our team for further information regarding how much compensation for pothole accidents could be awarded.
Can I Make A Pothole Accident Claim?
You could make a pothole accident claim if you can show that your case meets the following:
- You were owed a duty of care
- This duty of care was breached
- You suffered your injury due to this breach
In the next section, we discuss who is responsible for maintainig roads and fixing potholes and who could be held liable for pothole accidents.
Contact our advisors today to discuss your case.
Who Is Liable For Injuries Caused By Potholes?
A pothole accident claim is made against the party responsible for maintaining (and repairing) the road, pavement or car park where the pothole was located.
The Highways Act 1980 states that all public footpaths and roads are passable for ordinary traffic. Local councils usually owe this duty of care. If they fail to maintain the condition of roads or respond to reports of potholes within a timely manner, they could be considered as them breaching their duty of care.
Potholes On Private Property
If the pothole injury occurred on private property, you may make a public liability claim against the party in control of the space.
The party in control of the space is called the occupier. They have a duty of care to take steps to ensure the reasonable safety of those using that public space. Their duty of care is set by the Occupiers’ Liability Act 1957.
How Do I Prove Liability?
You will need to prove that the party you are claiming against is liable for your injuries. In the case of pothole injury claims, you may need to prove that the party responsible for maintaining the highway or pavement was aware of the pothole and had sufficient time to take action to repair it and failed to do so.
To prove liability, you could collect evidence such as:
- Photographs showing the pothole and of any visible injuries.
- Any video footage of the accident taking place, such as CCTV footage.
- Medical records which show what injury you sustained, such as any broken bones, the severity of the injury and details of your treatment and recovery.
- Contact details for anyone who witnessed the accident taking place.
Will I Need To Measure The Pothole?
If safe to do so, you may measure the depth and size of the pothole. You can use a tape measure and ruler to do so. Measurements, along with photos showing you measure it, can be used to highlight the danger posed by the pothole.
Contact an advisor today to find out more about how to claim compensation for your pothole accident.
What Accidents Can Potholes Cause?
Potholes can cause a variety of accidents, including trips and falls, bicycle accidents and crashes. Hitting a large or deep pothole could cause a driver to lose control of a vehicle, potentially leading to a crash. Potholes can be dangerous for all road users.
Below, we look at examples of how potholes could cause different types of road traffic accidents..
Vehicle Drivers
Vehicle drivers could be injured in accidents involving potholes. Striking a pothole can cause damage to your vehicle and may cause you to lose control, resulting in you becoming injured.
For example, driving over a pothole on a poorly maintained suburban road could cause you to lose control of the vehicle and crash into a lamp post. The impact causes a fractured jaw. The council responsible for maintaining the highway may be liable if it was aware of the pothole and failed to repair it in a timely manner.
Cyclists / Motorcyclists
Motorcyclists and cyclists are vulnerable to pothole accidents. Striking a pothole even at low speeds could cause you to be thrown from a bike.
For example, a cyclist strikes a pothole on a main road, which destabilises them, causing them to crash. The fall caused them to suffer a broken forearm. If the party responsible for maintaing that road was aware of the pothole and did not singpost it or repair it within a timely manner, they could be held liable.
Pedestrians
Potholes not only cause accidents involving motor vehicles, but also pedestrians can be injured. Pedestrians can be injured in direct accidents, such as trips and falls, or indirect accidents, including being struck by a vehicle swerving to avoid a pothole or when a driver loses control.
For example, a pedestrian tripping over a deep pothole while crossing a road. This causes them to suffer a broken tibia and fibula. The party responsible for maintaining that road was aware of the pothole but had taken no steps to warn others of the pothole or to repair it.
Whether you were injured in a car, as a cyclist or a pedestrian, you can contact our advisors to see if you may have an eligible compensation claim.
How To Make Pothole Accident Claims
To make a pothole accident claim, there are certain steps you should take. Firstly, you should receive medical treatment for any injuries you have sustained. The reports generated from this could be used as evidence, as we highlighted in a previous section of this guide.
Any evidence you gather will need to show:
- What happened, including the circumstances of the accident,
- How you were injured,
- Who was at fault,
- What financial losses this accident and your injuries caused.
You will also need to begin the pothole accident claim within the applicable time limit. If you are claiming on your own behalf, you must start the process within 3 years of the date of your accident. This is set out within the Limitation Act 1980.
There are two instances where there are exceptions to this time limit due to the claimant being unable to make their own claim:
- No time limit is applied to a case where a person does not have the mental capacity to make a claim themselves. The time limit would only be reinstated if they regain this capacity and run from this date.
- Those under the age of 18 are also unable to act on their own behalf. The time limit only applies from their 18th birthday and runs until their 21st.
In either of these cases, where the time limit is on pause, a suitable adult could act on the claimant’s behalf. They may apply to be appointed as a litigation friend.
To learn more about the pothole accident claims process and whether you could help someone else to make a claim, please speak to our team.
No Win No Fee Pothole Accident Claims
A No Win No Fee solicitor from our panel could help if you have been injured in a pothole accident. The solicitors on our panel could take on your case through a Conditional Fee Agreement (CFA).
By working with you under a CFA, they would not charge you any fees for their services:
- Prior to the claim starting
- As the claim is underway
- If the claim is not a success
If your claim is a success, they would charge a success fee. The percentage of this fee is legally limited and is usually discussed with you prior to starting your claim.
Additionally, the solicitors on our panel could help you with:
- Collecting evidence, such as taking witness statements.
- Organising an independent medical assessment of your injuries.
- Explaining legal terms.
- Guiding you through the claims process.
- Filing your claim on time.
Contact Our Advisors
Our advisors are on hand to listen to you. They can review your case and could connect you to a specialist solicitor from our panel. They can also help you if you are still wondering how much compensation for pothole accidents could potentially be awarded. Contact them today via:
- Our online live chat.
- Our form to contact us.
- Phoning on 0800 408 7826.
Learn More
Further guides by us:
- Learn about motorcycle accident claims in this guide.
- Learn more about what you could claim for a bicycle accident in this guide.
- Advice on claiming following a car accident.
External reosurces:
- You can report a pothole via this government portal.
- Find helpful information on first aid in this NHS resource.
- Find more information about your particular condition and injury via the NHS.
Thank you for reading this guide on how much compensation for pothole accidents might be awarded.