Potholes and Road Conditions

Potholes and Road Conditions

Poor road conditions can be a cause of traffic accidents and injuries ranging from minor to life-changing, and for those involved it can be a frightening experience. Black ice, diesel spills, mud on the road or potholes all have the potential to be dangerous whether you are in a car or bus, or on a motorcycle or bicycle.  

Scottish Roads Authorities have a statutory duty to maintain the road network in good repair and contractors can also have responsibilities over spillages on the public highway. If you were injured because of potholes or poor road conditions, you may have grounds for a personal injury claim.

Incidents due to poor road conditions

There are many different types of accidents due to poor road conditions and we assess each case individually. However, there are some common accident scenarios, as well as steps you should take if possible following an incident:

What to do at the time of the incident

If you have been injured as a result of an accident due to a pothole or poor road condition, you should:

  • Report dangerous road conditions to the police as soon as possible
  • Take photographs of the road defect, spillage or cause of the incident
  • Take measurements showing the size, width and depth of the pothole or extent of the spillage
  • Obtain details of any witnesses to the accident and to the nature of the defect and the length of time the defect has been present
  • Report the road defect directly to the responsible Local Authority in writing so there is a written record of your complaint

Pothole issues

Under the terms of the Roads (Scotland) Act 1984, a Scottish roads authority has a statutory legal obligation to manage and maintain its road network. In practice, this means carrying out regular inspections of their road network and arranging for any necessary road repairs to be undertaken within a reasonable time.

Unfortunately, due to inadequate inspections or through a failure to repair roads, many of our clients are injured as a result of driving over or cycling into a pothole on the road. Cyclists, in particular, can often be seriously injured and require to take time off work to recover. Our no win no fee injury lawyers will work on your behalf to recover you compensation, covering loss of wages as well as any other losses incurred.

Incidents due to black ice, ice or snow

Despite careful driving in bad weather, many vehicle and cycle accidents are caused due to slipping on ice. More often than not, the presence of ice is contributed to by the local council failing to take necessary action to grit the roads or deal with the dangerous situation.  If you have been injured in an accident caused by ice in such circumstances, you may have grounds for claiming compensation for any injury you suffered and resulting financial loss. 

Accidents due to mud on road

If you have been injured as a result of your car, bicycle or motorcycle slipping on mud on the road then you may be entitled to claim compensation for your injury.  

The mud on the road may be the fault of the local council and down to a failure to keep the road in a satisfactory condition.  Or the mud may have been caused by a local contractor carrying out works or as a result of a spillage from an open-topped lorry or mobile skip.  

Whatever the cause of the mud on the road, you may be entitled to compensation for your injury. In some cases, it can be difficult to track down who was responsible for the mud being on the road, but it might still be possible to make a claim to the Motor Insurers Bureau. Our expert team can advise you on your eligibility to make a claim and your options.

Diesel spills claims

Diesel, or fuel, spills are common, and can be quite treacherous for bike riders and drivers alike, and account for hundreds of motorcycle accidents in particular every year. If there is an accident caused by diesel spill, it is likely that a claim for compensation can be made.  

A spillage is usually due to negligence, but it is not always possible to know who the offending party was. In such cases, you may be able to make a claim to the Motor Insurers Bureau. Our specialist team of injury lawyers can help you with such a claim. 

How can Thorntons help?

Our specialised Personal Injury Solicitors will guide you in a friendly, easy-to-understand way through the process of making a claim for compensation as a result of your injury caused by a pothole or other road condition.  We have the expert skills you need to deliver your maximum compensation, and your injury claim will be on a no win no fee basis, meaning there is no financial risk to you whatsoever. You can start your claim today by calling us free on 0800 731 8434 or complete our enquiry form. We will talk through your situation, answer any questions you may have and advise you if you can make a personal injury compensation claim. Our discussion will be confidential and you are under no obligation to make a claim. You can also take a look at our Claims Calculator to find out how much compensation you may be entitled to. 

Useful Information

Some of our other clients found the following information helped them understand the claims process better.

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