Here at the Compensation Experts, we frequently hear from people who are injured as a result of defective and uneven pavements and roads with a pot hole. Though the majority of these injuries are bruises and sprains, some people, a pavement trip compensation claim can be life-altering.
It’s especially difficult for the vulnerable and elderly. In short, they are susceptible to sustaining truly painful breaks, fractures and even some head injuries. So successful pavement accident claims for a trip affect a wide range of age groups.
In practice, these negligence claims such as these are by and large defended by the local authorities. Therefore, it’s imperative that either you or someone on your behalf carries out a few simple tasks right away. By carrying these out, you’ll be in a far stronger position to have the proper amount of compensation awarded to you.
In short, you will need to photograph the following factors for road and pavement accident compensation claims.
What you need photographs of for a pavement trip compensation claim
1. Surrounding location where the trip occurs
Take photographs of the street and surrounding shops, properties and landmarks in the area in which the incident took place. Also, be sure to take pictures of road signs and make a note of the surrounding addresses.
2. More specifically, the actual pavement defect
Document the defect in relation to other objects such as trees, the kerb, a street corner or anything else. Then take some photographs of the defect from roughly three metres away.
Next, you will need some close-up photographs of the defect. Ideally, you’ll have rulers in the picture (one in a horizontal position, the other in a vertical). Then, simply record the measurements (length breadth and depth) of the defect if possible. Failing that, placing some large coins in the picture to give a sense of perspective.
As a rule: if the paving slab is at least 1″ higher or lower, you have a right to compensation.
Who you need to talk with
There are certain people (other than The Compensation Experts) that can also strengthen your case for pavement trip compensation claims.
3. Witnesses to the accident for a pavement trip compensation claim
If it’s possible, talk to witnesses at the scene of the accident. Be sure to get their names and contact details: their testimony can significantly improve your case. Other people who regularly use the same street might vouch for certain specifics that can strengthen your case.
- They can state the length of time the defect has been there.
- Also, they can recall any other previous accidents that took place at that spot.
- Furthermore, they can state for the record whether or not the defect has been reported to the council.
4. Expert solicitors in a pavement trip compensation claim
It also stands to reason that an expert lawyer in pavement trips is a great way to support your case. Admittedly, we have a strong amount of bias on the matter in general. Nevertheless, at The Compensation Experts, we make it our business to know your case.
For instance, we give your accident the due diligence and expertise to determine if you can win.
Moreover, we work on a No Win, No Fee basis if you’re injured due to pavement trips and falls. That means when we become your personal injury solicitor, we believe in your case. Because we’ve done our homework and have enough confidence in your case.
Bottom line: we’re motivated to get you a successful claim for compensation for uneven surface tripping claims. So call us on 0800 182 2187 or fill out our Contact Form to set up a free consultation – you’ve no obligation.
5. Identifying the council to hold responsible for your claim
To date, you have the place, the lawyer and the witnesses to the pavement tripping accident on the record. So you next need to determine who you actually need to direct your claim at.
One great place to start is the Postcode Check for Pavement Compensation Claims on gov.uk. If you’ve tripped on a pavement and know the location, you can simply insert the postcode and see:
- First, the Council that’s responsible for that area.
- Second, that Council’s official website & department to handle your claim for personal injury compensation.
Sometimes, the boundaries for determining which council is responsible for that tripping hazard can be tricky. For example, you might be visiting friends in a certain part of London you’ve never been to before.
It’s a reminder, therefore, to act quickly to maintain the integrity and accuracy of your claim.
6. Land Owner
Certain conditions might dictate that the landowner is the point of contact. However, this is more likely for slips, trips or falls claims rather than pedestrian accident claims involving walking.
BONUS – The factors beyond your control
What you can’t directly control in these matters are:
- Control of a council’s purse strings.
- How weather affects the hazardous area in question.
Indeed, weather conditions alone aren’t the factor so much as budget concerns and the inability of councils to act quickly. But the problem almost unfailingly starts because of the environmental factors that make the hazard crop up. It could be a root from a tree under the pavement, or the salt councils spread over roads for snowstorms.
For instance, consider how a pot hole becomes a tripping hazard in the first place. These road hazards can build up over the long-term as a result of battering from inclement weather and heavy traffic. Yet until someone complains vociferously enough, councils may not know the extent of the problem.
But getting a hazard on the record still might not be enough to incite the council to act. Therefore, your personal injury claim gets stronger. Because the hazard was on the record, and yet the council didn’t act fast enough, meaning they failed to prevent your injury.
By carrying out these tasks you can:
- Improve your case and;
- Greatly increase the likelihood (and perhaps the size of) your compensation.
That money can then go some way to helping you recover from your injury. You can cover costs and any lost earnings as a result of the injury.