Pothole Accidents – who is liable?

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In Scotland, you can claim for any damage to you or your vehicle due to hazards (such as potholes) on the road that others are liable for. Being involved in an accident due to poor road conditions can be extremely frustrating having a detrimental impact on your daily life. It is the authorities’ duty of care to ensure that the road conditions are kept to a safe standard to avoid road traffic accidents from occurring, if they fail to do this and you are involved in a road traffic accident, we highly advise you to contact one of our experienced personal injury solicitors, for a free initial consultation. 

Each year, potholes cost motoring around £4 billion in repair costs, which in most cases is covered by comprehensive car insurance. In Scotland, councils are responsible for the maintenance of all roads in the area, by following road safety guidance and fixing any reported issues in a good time. 

Roads (Scotland) Act 1984

“A local roads authority shall manage and maintain all such roads in their area”.

According to the Roads (Scotland) Act of 1984, it is the local authorities’ responsibility to manage and maintain all the roads in their area for the time being on the list. They have the power to reconstruct, widen, alter, improve or renew any road. The local authority should inspect the roads regularly and ensure that they are kept to the highest possible standard.#

If you would like to read the complete act, click here

Claiming for accidents from dangerous road conditions 

  • Potholes and cracked and uneven roads.
  • Unfinished and hazardous roads
  • Trees and other obstacles left on the roads

If you have been involved in any sort of road traffic accident due to poor road conditions, we highly advise you to contact one of our experienced solicitors at Solicitors On Your Side Scotland. 

How to start a claim? 

If you would like to claim due to poor road conditions such as potholes, you must be able to prove that you were involved in an accident due to this. Evidence is an essential part of any case, this is why it is important to gather any reports of damages to the road and evidence from the scene of the accident. We also advise you to gather any CCTV footage or dashcam footage to back your claim up to the highest possible standard, if you would like to start a successful claim, contact our experienced personal injury solicitors now. Call us now on 0141 648 4428 and start a successful claim now.

How long after a road accident can I claim?

You can claim compensation up to three years after the road traffic accident in most circumstances. If you didn’t realise you were injured at the time, then you have three years from the date you discovered the injury.

For those under 18 who are injured in a road traffic accident, someone can claim on your behalf (a litigation friend) or you can claim up to three years after you turn 18, regardless of when the accident occurred.

Contact us now!

We know the process thoroughly and can offer free consultations to see how much compensation you may get for your case.

Contact us now. On Your Side, Scotland can offer you free advice and consultations. We can help you on a no-win-no-fee basis. That means there will be no hidden fees.

Contact us today by phoning 0141 648 4428, emailing [email protected], or by using our website by filling out an online form.

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