Motorway Accident Compensation
Who is liable in a claim for motorway accident compensation if I suffered injuries when my car went over a pothole on the motorway and crashed?
The likely responsible party in a claim for motorway accident compensation relating to a pothole in the motorway would be the road authority responsible for the upkeep of the motorway. In order to make such a compensation claim it must be proven that the accident and subsequent injuries were caused by the negligence of a third party.
The authority responsible for the motorway’s maintenance owes any driver who uses the motorway a duty of care to ensure that it is kept in a good state of repair and that resurfacing or spot repairs are made when potholes or cracks develop. However, this duty of care is not “absolute” meaning that if the pothole appeared suddenly, and could not possibly have been seen to in a reasonable period of time; the road authority may not be deemed responsible for your injury.
Your best opportunity for proving liability for your motorway accident compensation claim would be to engage a solicitor as soon as practically possible. Your solicitor could access any CCTV footage available that could determine the length of time the pothole had been present and the efforts taken by the road authority to remove the hazard. Your solicitor could also assist in the gathering of witness details, if you have not already done so, and can advise on additional procedures required when pursuing a claim for compensation.
If the road authority admits liability and you are approached by the insurance company that represents them, any unsolicited proposal of motorway accident compensation that they may offer should be referred to your solicitor immediately. Often, such compensation offers are purely made in an effort to cut costs and they do not usually have the accident victim’s best interests in mind. Many victims who accept offers such as these have later found the amount paid to be insufficient in covering their medical needs and supporting their family.
A solicitor would be able to evaluate any offer of motorway accident compensation and can determine whether or not it fully represents your injuries and the impact they have had on your life.