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I was recently injured in a car accident. The surface of the road was uneven and there was a big pothole which I did not notice. Since the local authority did not put up any sign, my car went directly into the pothole. As a result, I suffered several cuts and my car was badly damaged. Do you think I can make a personal injury claim?

car accident due to pothole

Although the local authority is usually responsible for maintaining the roads, it does not necessarily mean that they will automatically be liable for any injury caused by any unsafe road condition. To make a personal injury claim, you would need to prove that they failed to take reasonable steps to keep people safe from the unsafe road condition. You must prove that:

  • They failed to carry out a regular inspection and maintenance program.
  • They were aware of a significant fault but did nothing about it within a reasonable time.

If you are successful in proving the above mentioned points, you may make a personal injury claim. However, if you contributed to the accident by driving too fast, your claim is less likely to succeed.