Tripping on a pavement is something that can happen to anyone, at any time. Whether it's due to a pothole, uneven paving slabs, or other pavement defects, it's an unfortunate reality that can lead to painful injuries and inconvenience.
However, if you've suffered an injury due to a pavement defect, you may be entitled to compensation.
In this blog, we'll explore the different factors to consider when making a pavement accident claim, including types of evidence that could support your claim, the time limit for making a claim, and what you need to know about a council's responsibilities for maintaining pavements.
We'll also cover common causes of pavement accidents, common injuries that can occur, and how much compensation you could potentially claim.
What are the most common injuries suffered after a pavement accident?
The most common injuries and accidents caused by tripping on a pavement include cuts, bruises, sprains, strains, fractures, head injuries, ankle injuries and soft tissue injuries.
When someone trips and falls, they may instinctively try to catch themselves with their hands, which can result in wrist and hand injuries.
Severe injuries such as spinal cord injuries, could result in paralysis. A fall on a hard pavement can cause a head injury, which can range from a minor concussion to a traumatic brain injury. It is always important to seek medical attention after a fall to ensure any injuries are properly diagnosed and treated.
What is the pavement accident claims process?
If you have suffered injuries from a pavement accident that was not your fault, you may want to consider making a compensation claim using the personal injury claims process. Here are some steps involved in the pavement accident claims process:
Seek medical attention: Your health and safety are the top priority. Seek medical attention for your injuries as soon as possible.
Report the incident: Report the incident to the local council or relevant authority responsible for maintaining the pavement. Taking photographs of the accident scene and the hazard that caused the accident will help support your claim.It’s also important to take measurements of any defects on the pavement where possible.
Gather evidence: Collect all evidence related to your accident such as witness statements and medical reports. Your solicitor may also help obtain any relevant documents.
Contact a personal injury solicitor: A specialist personal injury solicitor can handle your claim and guide you through the process.
File a claim: Once you’ve appointed a solicitor, they will help you file a claim against the responsible party. This could be the local council or the property owner.
Negotiate a settlement: The responsible party may offer a settlement to avoid going to court, and your solicitor will negotiate to ensure you receive the compensation you deserve.
Go to court: If a settlement cannot be agreed upon, your solicitor may recommend taking your case to court. In this case, they will represent you in court and fight for your rights.
Evidence to Support a Pavement Accident Claim
In order to file a claim for a pavement accident, it is necessary to demonstrate that the height of the trip hazard on the pavement was at minimum 2.5cm (1 inch) deep or high. You have suffered an injury as a result of tripping on a pavement defect. The responsible party, such as the council or local authority, neglected its duty to maintain the pavement. You may be able to secure compensation for an uneven pavement by asking neighboring residents or businesses if they are aware of the defect.
Time Limit for Making Pavement Accident Claim
The time limit within which to bring a pavement accident claim is usually three years from the date the accident occurred. If the claim is not made within this time, then you may lose your right to claim compensation.
Eligibility to Make a Pavement Accident Claim
Before you seek compensation for a pavement accident, you must provide evidence that you sustained injuries from the pavement accident that was not your fault. You may still be able to claim compensation if you were partly to blame for tripping on a pavement. However, the amount you would receive may be reduced.
How can a personal injury solicitor help?
Personal injury solicitors can assist you with a pavement compensation claim by providing legal advice and guidance throughout the claiming process. They can help you determine if you have a valid claim and assess the amount of compensation you may be entitled to.
If you decide to proceed with claiming compensation, a personal injury lawyer can handle the legal proceedings on your behalf, including contacting the relevant authorities and gathering evidence to support your claim. They can also negotiate with the defendant's insurance company to reach a settlement or represent you in court if necessary.
A personal injury solicitor can provide the legal expertise and support needed to increase your chances of success in your claim and ensure that you receive the compensation you deserve for any injuries sustained as a result of an uneven pavement, broken pavement, or any other pavement defect.
What are the common causes of pavement accidents?
Pavement accidents can be caused by a range of factors, including uneven or broken pavement, poor maintenance, slippery surfaces, construction work, and inadequate lighting. Among these factors, uneven pavement is the most common cause of pavement accidents, which can be caused by various factors such as tree roots, subsidence, or poor maintenance.
A broken pavement can also pose a tripping hazard if left unrepaired for long periods, while poorly maintained pavements can accumulate debris or be overgrown with weeds, creating hazards. Slippery pavements caused by weather conditions or substances like oil and grease are also a concern. Additionally, construction work may create temporary hazards, such as uneven surfaces, debris, or barriers.
Poor lighting can also make it difficult to see pavement hazards, which can increase the risk of accidents. It's essential to note that the cause of the accident plays a vital role in determining liability and the success of a pavement accident compensation claim.
You may be able to create a no win no fee agreement with your personal injury lawyers. Find out more about no win no fee solicitors.
How much compensation for tripping?
Like all personal injury compensation, the compensation payment for a pavement trip claim varies depending on the severity of the injuries sustained, the impact on the victim's quality of life, and other relevant factors.
It is difficult to determine an exact average compensation amount as each pavement accident claim is unique. However, compensation amounts for pavement accidents range from hundreds to tens of thousands of pounds. If you have suffered injuries from a pavement accident that was not your fault, it's crucial to seek legal advice from a specialist solicitor to help you understand your eligibility and approximate claim value.
What is a paving slab trip hazard?
The paving slab trip hazard is a common cause of pavement accidents and can lead to serious injuries. Individuals who have suffered injuries due to an uneven pavement, broken pavement, or other pavement defect may be entitled to pavement accident compensation claims. In this blog, we will explore the various factors that can contribute to a trip hazard on a pavement and provide insight into the steps that individuals can take to make a successful claim.
Can you sue the council for tripping on pavement?
You might be able to sue the local authorities, such as the local council, for compensation. In England and Wales, most public highways, including pavements, are the responsibility of local authorities, according to The Highways Act 1980. As a result, local authorities have a duty of care to ensure that pavements are safe to use for pedestrians. If they fail to meet their obligations to maintain the pavement and you suffer injuries, you can hold them accountable by filing a compensation claim. However, to make a successful claim, you need to prove that the pavement trip hazard was at least 2.5cm high or deep, and that the local authorities had failed to fulfil their responsibilities to maintain the pavement.