Potholes and Road Conditions

If you have been injured as a result of an accident due to a pothole or poor road condition, you should:

• Report dangerous road conditions to the police as soon as possible
• Take photographs of the road defect, spillage or cause of the incident
• Take measurements showing the size, width and depth of the pothole or extent of the spillage
• Obtain details of any witnesses to the accident and to the nature of the defect and the length of time the defect has been present
• Report the road defect directly to the responsible Local Authority in writing so there is a written record of your complaint

Under the terms of the Roads (Scotland) Act 1984, a Scottish roads authority has a statutory legal obligation to manage and maintain its road network. In practice, this means carrying out regular inspections of their road network and arranging for any necessary road repairs to be undertaken within a reasonable time.

Unfortunately, due to inadequate inspections or through a failure to repair roads, many of our clients are injured as a result of driving over or cycling into a pothole on the road. Cyclists, in particular, can often be seriously injured and require to take time off work to recover. Our no win no fee injury lawyers will work on your behalf to recover you compensation, covering loss of wages as well as any other losses incurred.

Despite careful driving in bad weather, many vehicle and cycle accidents are caused due to slipping on ice. More often than not, the presence of ice is contributed to by the local council failing to take necessary action to grit the roads or deal with the dangerous situation.  If you have been injured in an accident caused by ice in such circumstances, you may have grounds for claiming compensation for any injury you suffered and resulting financial loss. 

If you have been injured as a result of your car, bicycle or motorcycle slipping on mud on the road then you may be entitled to claim compensation for your injury.  

The mud on the road may be the fault of the local council and down to a failure to keep the road in a satisfactory condition.  Or the mud may have been caused by a local contractor carrying out works or as a result of a spillage from an open-topped lorry or mobile skip.  

Whatever the cause of the mud on the road, you may be entitled to compensation for your injury. In some cases, it can be difficult to track down who was responsible for the mud being on the road, but it might still be possible to make a claim to the Motor Insurers Bureau. Our expert team can advise you on your eligibility to make a claim and your options.

Diesel, or fuel, spills are common, and can be quite treacherous for bike riders and drivers alike, and account for hundreds of motorcycle accidents in particular every year. If there is an accident caused by diesel spill, it is likely that a claim for compensation can be made.  

A spillage is usually due to negligence, but it is not always possible to know who the offending party was. In such cases, you may be able to make a claim to the Motor Insurers Bureau. Our specialist team of injury lawyers can help you with such a claim.