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Highway Claims
This category is concerned with accidents which occur whilst on a public highway which includes roads and pavements. If you sustain an injury as a result of an accident on a public highway then you may have grounds for a claim for compensation for personal injury and loss
The Most Common Types of Highway Claim :
- Trips, slips and falls caused by dangerous and defective roads and pavements.
- Trips, slips and falls caused by dangerous public footpaths.
- Falls from bicycles caused by dangerous highways.
- Injuries caused to drivers of motor vehicles due to uneven roads and highways.
In cases such as this the correct Defendant is usually the Highways Authority. Generally speaking, the Highway Authority is one and the same as the Local Authority and as such there are certain statutory rules that they are required to adhere to, which take the form of the Highways Act 1980.
If the Defendants are found to be in breach of the terms of the Act, and an accident has occurred that was not the fault of a claimant, then the Highway Authority/Local Authority will be found liable for these injuries and will be obliged to pay compensation in the form of damages.
Highway Authority Obligations
- To check the highways and pavements regularly to check that they do not contain dangerous defects
- To ensure that any defect is repaired in a reasonable length of time.
- Once a defect has been found, to ensure that it is clearly marked off to prevent accidents occurring.
As is always the case, it will be a question of fact as to whether the defect in question is dangerous or not. It will depend on the individual case but usually if a defect is in excess of 1 inch in depth and has been there for over six months, then it is likely that the Highway Authority will be liable for any injuries caused.
If you have suffered an injury as a result of a dangerous road or pavement within the last three years, please complete the Claim Assessment Form. One of our claims solicitors will contact you in order to discuss your claim.
Please note that all of our Personal Injury Solicitors act on a ‘no win no fee’ basis and the legal advice is effectively free.
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