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Road accidents, youclaim.co.uk

An accident compensation solicitor's advice on potholes

Most potential car crash claim cases which arrive on the desk of an accident compensation solicitor involve one or more other vehicles with which there has been a collision but sometimes an incident resulting in personal injury arises from a conflict with an immobile object.

This can include not only stationary vehicles but also roadside 'furniture' such as lampposts, signs and debris, or problems with the highway surface including ice, chemical or oil spills and potholes.

Where vehicles are in a road traffic accident, each with a responsible adult behind the wheel, liability for an untoward occurrence eventually will be determined either by someone admitting their unsafe or careless actions or, if there is no clear-cut explanation, in a court of law or inquest hearing.

The law in the UK is far more straightforward in those circumstances than if an accident is between a moving object and one which is not because then it will be more difficult to determine who placed the object in the dangerous position and if its potential as a cause of personal injury could have been foreseen.

For example, when there are road works on a motorway, the highway engineers in charge make careful plans and have very strict protocols about placing of warning cones, lights and signs to alert drivers to the hazard ahead and reduce the possibility of accidents occurring.

The Highways Agency arm of the Government is responsible for motorways and their environs, including keeping the roads and verges clear and safe for road users while county councils are usually designated to do the same job on trunk roads and other less busy routes.

Local authorities prioritise clearance and repairs depending on the traffic volume on particular roads, therefore, a quiet country lane with the body of a deer jutting out into the path of traffic will be lower in the list of jobs to be tackled than an oil spill from a leaking fuel tanker which has left slippery residue on a city's by-pass.

If a car comes along the country lane and crashes into the deer, resulting in personal injury for the driver and his passenger, a case could be made against the council responsible for its removal if no action had been taken within a reasonable period of it being first reported.

This is a similar situation to potholes and other road damage, missing signs or debris on the carriageway where councils are exempt from blame if an inspector looks at the problem as soon as practically possible and decides on a time-scale for action. If the hazard is sufficiently serious, something should be done within 24 hours but a less risky situation may not be eligible for speedy work.

There is some case law on these issues where drivers felt local authorities had not been sufficiently active in dealing with a hazard and an accident has resulted but, because this is a grey area of responsibility, it is important for a vehicle accident victim to consult an experienced personal injury lawyer at the earliest opportunity for advice.

Finding an accident compensation solicitor
Although there are many competent law practices and accident compensation solicitor around the UK, not all of them have the experience and expertise of those who work with YouClaim. We have helped hundreds of car crash victims and others to obtain damages which are due to them as victims of accidents which were not their fault.

If you are one of these unlucky drivers, passengers or other people who have suffered pain or loss of earnings, you may be eligible for our help in seeking restitution from the responsible party.

All our lawyers are supervised by the Solicitors Regulation Authority and you can be assured that their professionalism is allied to a sympathetic and helpful attitude towards clients.

It's easy to communicate with us about accident compensation, you can email us to ask for a call from one of our friendly legal experts at a time convenient to you or telephone now on 0800 10 757 95.

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