The Great British Pothole Problem

What do you get if you mix together a recession and a few years’ of cold, wet winters? The answer is potholes, and they are becoming an increasing cause of personal injury and sometimes even death on British roads.

So why are potholes becoming such a growing issue? What hazards do they cause to road users, and what can you do if you suffer a personal injury caused by a pothole and wish to make a claim?

Increasing on Britain’s roads

Potholes are caused by a combination of sun, cold, rain and vehicles. The constant stress of traffic and sun beating down on a road, over time causes the asphalt to crack, which in turn allows snow and rainwater to enter into the cracks and mix with the gravel and dirt underneath. The water then freezes, causing the cracks to expand, pushing out some of the gravel and dirt from under the asphalt. When the ice melts this leaves a hole, which grows bigger as traffic continuously drives over the rupture, fatiguing and straining the affected area even further.

However, Britain has just experienced a mild winter hasn’t it? Yes, we may have experienced moderate temperatures, but the winter of 2013/14 has been officially confirmed as the wettest on record. Unfortunately, even when the climate is relatively warm, excessive rainfall and flooding can eat away at the roads, causing potholes and other types of damage. Couple this with cuts to council budgets allocated to road repairs and it is clear why personal injuries caused by potholes are on the increase.

Personal Injury

Thousands of people suffer vehicle damage caused by potholes every year. However, potholes also contribute many instances of injury and even death on our roads, with cyclists and motorcyclists being particularly vulnerable. According to cycling charity groups, more than 1000 cyclists are injured every year due to unrepaired potholes.

Just a few weeks ago, a coroner investigating the death of a cyclist in North Yorkshire in 2011 ruled that in his mind, “there was no doubt whatsoever the condition of the road on that occasion was the cause of the accident”. The cyclist had been taking part in a fundraising event when his bike hit a deep pothole and he was thrown into the path of an oncoming car and killed instantly.

If you are injured and you believe your injury was caused by pothole in the road, it is important to take the following steps. This will help you make a personal injury claim against the council responsible for the maintenance of the road where the accident occurred:

•  Take a photograph of the road and the pothole itself. Try to show a sense of scale in the photograph by placing a ruler or tape measure inside the pothole to illustrate its depth.
•  Measure the pothole’s dimensions, its position (i.e. is it close to the kerb) and note any other defects in the road.
•  Take photographs of your injuries and any damage to your vehicle or bike.
•  Report the incident to your local council.

Local authorities are aware of the dangers of potholes and most make every attempt to fix them as soon as they are discovered or reported. However, always take special care when you encounter one on the road, especially if you are riding a motorbike or a bicycle. It is also important to report the pothole to your local authority to prevent others from sustaining nasty injuries if they fail to see the hazard.

Protecting Yourself Against a Dog Attack

Dogs are not called a man’s best friend for no reason. Domesticated since at least 7,000 BC, these animals are our companions, and provide essential help and support for people affected by disabilities.

However, no matter how successfully we have made dogs part of our world; they are still animals and can therefore be unpredictable. Suddenly becoming a victim of a dog attack is one of the most terrifying experiences a person can have.

Dog Attacks

What can cause a dog to attack an adult or child? When confronted by an aggressive dog, what can you do to protect yourself from serious injury? And if injured, do you have a right to claim compensation from the owner of the animal?

It probably comes as no surprise that most victims of dog bites and attacks are children. Figures from 2012/13 show that there were 6,302 hospital admissions attributed to dog bites and mauling. There have been at least 27 deaths since 2006 due to dog attacks.

Although some breeds of dogs have been bred for fighting and aggression, the fact is that ANY dog can bite or maul an adult or child. The difference between a big dog and the smaller breeds simply comes down to strength, and the damage they can do due to their size.

What to look for – warning signs

Dogs can attack for a variety of reasons and almost always give warning signs that they are feeling threatened or uncomfortable before the attack occurs. The most common reasons for a dog to turn aggressive are:

• The dog is or has been mistreated and therefore is in a high state of anxiety most of the time
• To protect their territory or pack (which for a domesticated dog is members of its human family)
• To protect their possessions (food, toys or water)
• The dog is sick or injured
• Provocation
• The dog becomes over-excited during play

Signs a dog is becoming stressed by certain behaviour and may attack if this continues are:

• Yawning
• The dog moves away from the person interacting with them
• The dog turns its head away (this may be quite subtle)
• Incessant licking of itself or a person

When you can see the whites of a dog’s eyes and they begin to growl and snap at you it means the situation has reached a critical moment – it is highly likely the dog is preparing to attack you. In this situation here is what to do.

• The most important thing to do is STAY CALM. A dog can sense your fear and wants its prey to be stressed.
• Do not look the dog directly in the eyes; they can interpret this as a challenge. Avert your gaze, stand sideways and keep the dog within your peripheral vision.
• Stay still. Running away will only activate a dog’s ‘prey drive’ and they can run a lot faster than you can.
• Stand tall and confident, but remember to avoid eye contact. Claim your space by putting something in front of you.
• If the dog comes up to you, stay calm and in control and let it sniff you. Keep your hands by your sides and your fingers curled inwards and never try and pet or hug the dog, this may be seen as threatening by the animal.
• Say in a strong, calm voice “go home” or “back away”.
• If the dog calms down, walk away slowly, facing the dog and avoiding eye contact.

What to do

If a dog attacks you it is a potentially life-threatening situation.

• If the dog jumps on you and takes you down to the ground, curl up in a ball, protecting your face, ears and neck. Stay completely still and play dead.
• If you are still standing and the dog is rushing towards you, look around for an object such as a food recycling bin or stick that you can put between you and the dog. Your aim is to get the dog to latch onto the object instead of you.
• If there are no objects to hand and an attack is inevitable, offer the dog your weakest arm, preferably wrapped in a sweater or jacket. DO NOT pull away from the bite once it happens at this will cause the flesh to tear. Like all predators a dog will put up massive resistance to anything being taken out of its mouth by force. Start yelling for help and target the dog’s eyes or throat with your free arm.

Once you have suffered a dog bite you need to have it checked by a health professional in case of infection.

If you or your child has suffered personal injury from a dog attack you may be entitled to make a claim against the owner.

On a final note, remember, NEVER leave a young child and a dog together unsupervised. Even the most gentle, trusted family pet can turn aggressive in certain circumstance.

Claiming for a road traffic accident fatality

Sadly, the number of deaths on UK roads is rising despite advances in vehicle safety design and technology. 1,901 people were killed on Britain’s roads in 2010-11 – an increase of 3% on the previous year and the first rise since 2003. Of this figure, the biggest increase was amongst pedestrians, with 12% more killed in 2010-11 than in 2009-10.

The number of deaths amongst car occupants also rose by 6%. Fatalities amongst motorcyclists and cyclists fell, but it’s clear that Britain’s roads are still a dangerous place to be. And if the worst happens to a partner or relative, the statistic becomes irrelevant for those who are left behind.

Of course, a compensation payment can never repair the damage that’s done when you lose a loved one in a road traffic accident. But at a time of pain and distress, knowing you could receive a payout can help ease the burden.

Compensation awards for road traffic accident fatalities can be substantial, removing financial pressures and making life easier in the future. If it can be proved that the accident was someone else’s fault, close relatives are entitled to a statutory bereavement payment currently worth £11,800. You’ll also receive reasonable expenses to cover funeral costs.

A ‘close relative’ could be a spouse or civil partner, child, parent, grandparent or other immediate family member such as a brother, sister, aunt or uncle. Unmarried cohabiting partners and former spouses may also be able to claim.

On top of the main award, an additional dependency claim can be made if the deceased person’s partner, spouse or children were financially dependent on them. This additional award will cover the loss of income resulting from the accident and is especially important if the victim was the main breadwinner.

Start your claim today – contact Injury Lawyers 4U

Injury Lawyers 4U is a national network of specialist personal injury lawyers. We’ve dealt successfully with all kinds of road traffic accident claims including those involving fatalities. Injury Lawyers 4U is here to give you impartial advice about whether your claim is valid and guide you through the claims process every step of the way.

We operate on a ‘no win, no fee’ basis so there’s no risk in asking us to act for you. Call 0845 345 4444 today to speak to an expert legal adviser, or complete the short form on our website and we’ll call you back at a convenient time.

Mesothelioma Bill causes controversy

The government’s Mesothelioma Bill is currently (as of mid June) being discussed in Parliament. However, concerns have been raised that the new legislation will deny hundreds of people access to compensation for other asbestos-related diseases contracted in the workplace.

The Bill will create a payment scheme enabling people to receive compensation for developing Mesothelioma, a form of cancer caused by exposure to asbestos, if the victim’s employer or their insurance company can’t be traced. Up to 3,500 people are expected to benefit.

However, in its current form the Bill will only allow people diagnosed with Mesothelioma after 25 July 2012 to claim under the scheme. It makes no provision for people with other asbestos-related conditions such as asbestosis and pleural thickening, who could end up with no way of getting compensation.

A spokesperson for Injury Lawyers 4U, a national network of personal injury solicitors, commented: ‘If the Mesothelioma Bill is passed as it stands, this is very bad news for anyone diagnosed before the cut-off date, or who develops a different type of asbestos-related condition and then cannot trace their former employer.’

‘It’s a well-known fact that asbestos-related illnesses can take years to develop. In today’s economic climate, companies are selling up or going out of business every day. Our concern is that people who develop illnesses such as asbestosis in, say, five years time when their ex-workplace has disappeared, will be unable to claim compensation – potentially leaving them and their families in dire financial straits.’

Like many MPs and other personal injury firms, Injury Lawyers 4U believe the government must amend the Mesothelioma Bill so people who’ve developed an industrial disease through no fault of their own get the financial compensation they deserve and need.

If the Bill is passed, the new payment scheme could be launched in April 2014. So it’s important that anyone with a potential claim, and who may not be eligible for a payout under the proposed system, takes action now.

Asbestos-related claims are complex and other time limits do apply, such as the requirement that diagnosis took place within the last three years. So it’s essential to seek expert legal advice – and Injury Lawyers 4U are here to help. We work on a genuine ‘no win, no fee’ basis, so there’s nothing to lose by asking us to pursue your claim.

The legal team at Injury Lawyers 4U has wide experience of handling asbestos-related claims. Call today on 0845 345 4444 for honest, expert advice.

Boy wins compensation and fight to clear name

A London student has won a two year battle with the Metropolitan Police to remove inaccurate information about him on police records and enable him to receive criminal injury compensation. Jonathan Fromings, now 17, was injured in a fight at school two years ago, sustaining a broken eye socket and bruising.

The fight was captured on CCTV, clearly showing that Jonathan was attacked first. However, the information entered into police records said that he’d started the fight and included inaccurate details of his injuries. Despite the CCTV evidence, a teacher’s report and a medical report, Jonathan was initially denied criminal injury compensation.

However, his claim was later accepted and he has now been paid £5,720. Following a two year civil action against Met Commissioner Sir Bernard Hogan-Howe, the false information about Jonathan has now been removed from Scotland Yard records.

A spokesperson for personal injury law firm, Injury Lawyers 4U, commented: ‘Criminal injury compensation awards are dealt with by the Criminal Injuries Compensation Authority (CICA) and are subject to strict criteria, such as the victim having to prove they’re blameless for the crime that resulted in the injury. This is why Jonathan’s original compensation claim was rejected. It’s good to see that he’s managed to clear his name and receive the financial award he deserves.’

Criminal injury compensation awards are made on a sliding scale, depending on the severity of the injuries, or the nature of a sexual crime. Claims can be made for all kinds of injuries, including emotional or psychological damage. Family members can also make claims on behalf of relatives who are injured or killed whilst in police custody.

To be valid, claims must relate to crimes carried out in England, Scotland or Wales within the last two years. As well as being blameless for the crime, you must also report it to the police and be able to show that you cooperated with them during their investigations.

If you think you have a valid criminal injury claim, talk to Injury Lawyers 4U. We’re a national network of experienced, specialist personal injury lawyers who work on a genuine ‘no win, no fee’ basis, so there’s nothing to lose by asking our advice. Call today on 0845 345 555 to speak to an expert legal adviser at any time of the day or night.