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Who is the Highway Authority?
The Highway Authority is the government agency or local department responsible for maintaining and constructing roads and highways within a specific local authority. The specific name and responsibilities of the Highway Authority can vary depending on the Council and region. For example, in the United States, the Federal Highway Administration is the national Highway Authority, while in the United Kingdom, the Department for Transport is responsible for the highways.
The Highway Authority’s duty to maintain the highway under the Highways Act 1980. Injury from a fall minor or serious call us to ensure you receive your entitlement to compensation.
The Basic Rules for Pavement Tripping Claims
The following are the basic rules and procedures all Councils and authorities responsible for pavements and road should follow:
- Routine safety inspections. A routine safety inspection of the highway refers to a regular check of the condition of the roads, pavements, and other transportation infrastructure within a specific jurisdiction.
The purpose of a routine safety inspection of the highway is to identify and address any potential safety hazards, such as damaged pavement, missing or damaged signs, or broken guardrails, that could cause harm to the drivers and passengers on the road.
Routine safety inspections of the highway typically involve a visual assessment of the road and its infrastructure, and can also include the use of specialized equipment, such as pavement analysers, to evaluate the condition of the road surface.
The frequency and scope of routine safety inspections of the highway can vary depending on the jurisdiction and the specific road or pavement being inspected, and are typically performed by the relevant government agency or department, such as the Highway Authority
- The 40mm rule of Thumb. 40mm is used as the rule of thumb on carriageways, but that it is not an inflexible rule: a lower or higher measurement may be required depending on factors such as location, demographic of highway users in the area.
The maximum height deviation for a tripping hazard on a pavement in the United Kingdom is not specified in a single, nationally recognized standard. However, the guidelines for pavement maintenance and repair in the UK often recommend that the maximum height deviation for a tripping hazard should not exceed 20 millimetres.
This means that any differences in elevation or uneven surfaces on a pavement that exceed 20 millimetres in height could be considered hazardous and in need of repair. It is important to note that the guidelines for pavement maintenance and repair can vary depending on the local authority and the specific type of road or pavement being considered.
In general, it is recommended to regularly inspect pavements and take action to repair or remove any tripping hazards to ensure the safety of pedestrians and drivers.
- Proving Liability. The claimant must prove that the highway is not reasonably passable for ordinary traffic of the neighbourhood without danger.
To prove that a highway is not reasonably passable for ordinary traffic of the neighbourhood without danger, a claimant must provide evidence to support their claim.
This typically involves demonstrating that the highway has a defect, such as a pothole, that creates a hazard and makes it difficult or dangerous for vehicles or pedestrians to use.
The claimant may be required to provide photographic or video evidence of the defect, as well as eyewitness testimony or statements from local residents and previous complaints made.
Additionally, the claimant may need to demonstrate that the relevant authorities were aware of the defect but failed to take action to repair it.
In some cases, a highway inspector or safety expert may be appointed to evaluate the condition of the highway and provide a report on the hazard.
The claimant may also need to demonstrate that the defect was the cause of their injury or damage to their property.
Ultimately, the specific requirements and criteria for proving that a highway is not reasonably passable for ordinary traffic without danger can vary depending on the local authority and the specific circumstances of the case.
It is recommended to consult with a legal professional at Claim Today to understand the specific requirements and evidence needed to make a successful claim
Steps to take if you have fallen on a Pavement:
If you have fallen on a pavement and sustained injury, there are several steps you can take to make a claim:
- Seek medical attention: It is important to seek medical treatment for your injuries, as this will provide evidence of the harm you have suffered and can help you to understand the extent of your injuries.
- Gather evidence: Take photos or videos of the location where you fell and of your injuries. You should also keep a record of any expenses incurred as a result of the fall, such as medical bills and lost wages.
- Identify the responsible party: Determine who is responsible for maintaining the pavement where you fell. This may be the local Council, the property owner, or a contractor.
- Notify the responsible party: Contact the responsible party and notify them of your fall and the extent of your injuries. If you are making a claim against the local authority, you may need to follow specific procedures and deadlines.
- Seek legal assistance: Consider seeking the help of a personal injury lawyer at Claim Today with over twenty years experience of tripping claims, who can advise you on your rights and help you to pursue a claim.
It is important to act quickly, as there may be strict time limits for making a claim, the claim time is now! The specific requirements and procedures for making a claim for falling on a pavement can vary depending on the local authority and the specific circumstances of the case.
Generally you have three years to start a claim in Court and should consult Claim Today several months before your three years expire.
Tripping claims are not Easy
Increase your chances of success by ensuring the claim time is now – call Claim Today early on after an accident we will help you have the best chance of success.
Tripping claims can be difficult to prove, as the claimant must provide evidence to support their claim. This can include demonstrating that a tripping hazard existed on the pavement for some time, that the responsible party was aware of the hazard but failed to take action to repair it, and that the tripping hazard was the cause of their injury.
Additionally, tripping claims may require the testimony of witnesses, the examination of physical evidence, and the assessment of expert witnesses such as safety inspectors or engineers.
The difficulty of proving a tripping claim can also depend on the specific circumstances of the case, such as the location and condition of the pavement, the nature and extent of the injury, and the response of the responsible party.
In general, it is recommended to seek the help of a personal injury lawyer at Claim Today and their Solicitors, who can advise you on your rights and help you to pursue a claim. A Solicitor can also assist in gathering and presenting evidence to support your claim, and in negotiating a settlement or representing you in court if necessary.
A personal injury lawyer at Claim Today who specializes in public liability and trip and fall accidents would be best suited to handle a successful pavement tripping claim. We have the experience and knowledge necessary to navigate the legal process and build a strong case to help you recover compensation for your injuries and damages.
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