Maintenance Of Pavements And Road Surfaces.

During these long and cold winter months the surface of the roads has really suffered. The cold weather has meant that more and more potholes have appeared in our roads and this can be potentially dangerous to drivers and pedestrians alike. More potholes are formed during the winter weather because the cold and wet affects how quickly a road surface will deteriorate. The ‘freeze-thaw’ process that occurs during the winter months means that water gets into the small cracks the surface of the road caused by normal traffic wear and tear. The water then freezes when the temperature drops and it expands causing damage under the surface of the road. When the ice melts away an empty space is left and the road surface is weakened. Every time this ‘freeze-thaw’ process occurs the space gets bigger and the pressure of everyday traffic can cause it to cave in and create a pothole.

Roads and pavements are generally maintained by the local highways authority which is part of the local council. They have a responsibility to ensure both roads and pavements are properly maintained in a reasonable condition. This will require having a system in place of regular inspections and maintenance work so that any potential areas of risk are reduced as much as possible. If the authorities fail to identify or deal with any maintenance work then this leaves them liable to any accident claims. Therefore it is in their interest to comply with the health and safety guidelines. The system works in a way that they are not liable as soon as a defect appears but if they fail to repair the damage within a reasonable amount of time once it has been reported by a member of the public then they could become liable. The council must keep records of any reported damage and any maintenance work that has been undertaken so that they can be used in a claim situation.

When considering a claim the outcome needs to show that the defect which caused the slip or trip accident was serious enough to warrant a liable case. External factors will have some impact on the claim as well. Things like the size and nature of the defect will be considered, the weather, the lighting, any warning signs or lack of and whether the person involved in the accident was at fault or not.

If you think that you have a case to make a claim from a slip and trip that was not your fault and was the result of poor standards of pavement or road surfaces then contact Accident Consult today. Our experienced staff will be able to give you impartial information to help you on your way towards your claim.