The main piece of legislation relating to potholes and responsibility for road maintenance is the Highways Act 1980, which obliges local councils, highway authorities and any other road owner to ensure that roads are in a safe state. This duty of care means that anyone using a road should be able to do so safely without risking an accident, including when a person walks into a pothole, trips, falls and gets injured.

However, local authorities often refuse to accept responsibility for accidents of this kind under Section 58 of the Highways Act, on the basis that they had taken all reasonable measures to identify and quickly deal with potholes on the road in question. Local authorities have a system of inspection and repair, and as long as they have regularly inspected a road, and a pothole has not been reported to them, they may seek to deny legal liability.

The success of a claim will therefore depend in large part on whether the local authority has implemented and followed an acceptable system of road maintenance. A claimant is legally entitled to access information about a local authority’s system of inspection, and also whether it was aware of a pothole, which can prove that it failed to properly maintain a road and was therefore responsible for the claimant’s injuries.

Further important evidence in support of a claim includes photographs showing the location, width and depth of a pothole, with a depth of at least one inch (2.54cm) necessary to show that it posed a significant injury risk. Poor street lighting may also be influential in proving that a road was dangerous to walk down at the time of an accident. These factors, in addition to a local authority having no defence under Section 58, will determine the ultimate success or failure of a pothole injury claim.

Find out more about claiming compensation for falls in the street:

Who is Liable for a Fall in the Street?

Sales of e-scooters have grown dramatically in recent times, and this trend is set to continue with power-assisted cycling becoming increasingly popular, particularly among those looking for an easy, cheap and sustainable way of travelling to and from work, visit friends or explore a city. However, it is clear that electric scooters have created new safety concerns, one of which is the risk they pose to pedestrians.

As the number of e-scooters active on UK roads and pavements continues to rise, pedestrians are exposed to the danger of being run into by inexperienced and irresponsible riders, with the risk of serious injury heightened by the speed at which power-assisted scooters can travel. While e-scooters have engines that are set to automatically switch off at speeds above 15.5mph, the speed limiter can be relatively easily disabled by private owners, meaning that many e-scooters are used in public areas at much higher speeds.

There also remains confusion about where e-scooters are legally allowed to be used, with different rules applying to rental e-scooters and private e-scooters, and reckless riders illegally using the vehicles on pavements and in pedestrianised areas like shopping centres. With the government seemingly planning to legalise the public use of privately-owned e-scooters in the near future, dangerous e-scooter use is likely to continue to pose a risk to pedestrians for some time to come.

If you are a pedestrian who has been injured in an accident involving an e-scooter, contact our firm for expert legal advice from solicitors who have experience of e-scooters and have recently handled e-scooter accident claims:

Who is Responsible for an E-Scooter Accident?

The UK government is proposing a crackdown on dangerous cyclists, including updating what it regards as antiquated and insufficient current legislation covering prosecutions for injuries and deaths caused by dangerous cycling.

Cyclists can currently be prosecuted for bodily harm caused by ‘wanton and furious driving’ under the 1861 Offences Against the Person Act (a crime originally committed by horse-drawn carriage drivers), with a maximum penalty of two years’ imprisonment. This is inconsistent with the law applied to motorists who may be jailed for life, and both government and campaigners believe this is one area in which the current system is both outdated and unfair to victims of dangerous cyclists.

The government proposals aim to extend speed restrictions that apply to motorists to cyclists, and enforce them more effectively, particularly in 20mph zones, with fines and penalty points handed out to cyclists exceeding the speed limit and riding dangerously, for example, cycling through red lights. Some form of registration system could be necessary to identify and prosecute dangerous cyclists, although plans for registration plates are viewed by many as impractical.

Cyclists could also be legally required to hold insurance to provide cover in the event of accidents, injuries and deaths caused by dangerous cycling. Personal injury claims against dangerous cyclists would be on the same level as claims against dangerous motorists, giving injured pedestrians and other road users better legal rights and access to compensation.

While insurance is not currently mandatory for cyclists, many are fully insured and have third party cover for public liability accidents, including collisions with pedestrians and damage to property. Our solicitors have many years of combined experience in successfully representing pedestrians injured by dangerous and reckless cyclists. Contact our team of specialist lawyers today for free and confidential advice:

Injured by a Cyclist?

The Highway Code was revamped on Saturday with 50 rules added or updated, mainly focusing on the enhanced protection of cyclists, pedestrians and horse riders. However, lack of awareness of the new rules among millions of motorists is a major issue, with an AA survey of 13,700 drivers earlier this month finding that 33% were unaware of the changes. This combined with doubts about the common sense of some of the new measures has raised concerns that cyclists, pedestrians and other ‘vulnerable’ road users could now actually be more at risk of accidents than under the previous rules.

One of the controversial new changes is the advice that cyclists ride in the centre of lanes on quieter roads, in slow-moving traffic and when approaching junctions so that other road users are more aware of them. Cyclists will generally enjoy greater freedom on the road, with motorists obliged to give them priority on roundabouts, for example, while traffic will be forced to give way when pedestrians are crossing or waiting at junctions. The new rules also introduce a ‘hierarchy of road users’ based on the level of risk in the event of an accident. So while drivers will need to be more aware of cyclists, pedestrians and horse riders, cyclists will in turn need to be more aware of pedestrians and riders.

Read our guide:

Share the road: cyclist and pedestrian safety awareness for drivers

While the new Highway Code changes do offer enhanced protection for cyclists, pedestrians and others, the potential for confusion when the rules are applied in varying road conditions across the country is clear. Many motorists feel that cyclists, in particular, already enjoy sufficient rights on the roads, and this may make them less than enthusiastic about learning the new rules. The government has been urged to launch a public awareness campaign, as there seems little doubt that all road users are going to take time to adapt to the new regime and face new scenarios and responsibilities on the road in the meantime.

Our firm has particular expertise in claiming compensation for injured cyclists, pedestrians and horse riders. We offer a free no obligation quick case assessment, followed by a no win no fee claims service:

When Can a Cyclist Claim Against a Motorist?

Hit by a Vehicle in the Street?

Compensation for Horse Riding Accidents on the Road