Accidents caused by potholes are a common occurrence. In the Ireland, more than European average accidents are caused by potholes due to the state of the roads. Potholes can cause mechanical damage to vehicles and it is estimated that 20% of mechanical failures in vehicles are caused by potholes, resulting to damage of tens of millions of euro a year. Who do we blame for accidents caused by potholes? This is a hard question to answer but here are some tips to follow when you meet accidents or sustain damage due to potholes.
The first thing to do is to report the incident to the local council or the highway agency handling that particular strip of road where the incident occurred. Whether you are filing a claim or not, you have to report the incident because you will need the details of the report if you decide to file a claim for damages sustained. In order to prepare a good report, you should take pictures of the area where the incident happen. You should be careful that you do not get hit by oncoming vehicles when you take pictures of potholes.
To initiate your claim, you have to write an informational letter to the council or authority concerned. You should include the all the details of incident and a copy of the map where the incident occurred. If you have not yet filed a Freedom of Information Act request, you have to inform the authority of your intention to file a claim. Once you have these documentations, you are now prepared to file action against the authority and make appointment with your solicitor for this purpose.
There are solicitors that specialize on these claims and you can easily find them in the internet under their respective categories. Even bikers can claim compensation for damages sustained because of the presence of potholes. Potholes will always be present in most roads because they are part of the process of the roads being worn out by vehicle tires that pass through them. A small crack on the road can slowly degenerate into a dangerous pothole if authorities do not repair it on time. When the council does not properly attend to the maintenance of our roads, the potholes can cause serious accidents. This negligence is the basis for the claims for damages that you are filing against the local council.