At Lampkin & Co we specialise in motorcycle and scooter accidents due to owner Mark Lampkin’s passion for all things two wheeled. This includes attending scooter weekenders and rallies and has led to us having an enviable reputation for looking after often seriously injured scooterists.
One common cause of scooter accidents at this time of year arises from the effects of sharp frost, ice, snow and salt on our deteriorating road surfaces. The effects of water penetrating small cracks in the road surface and then freezing overnight and expanding causes these cracks to rapidly grow. The passing traffic then carves out a pot hole of dangerous depth within days or hours.
Small scooter wheels are particularly vulnerable and can cause the rider to lose control and crash in an instant and sustain damaged to their beloved Lammy or Vespa as well as bodily injury.
The warm and sunny winter we are enjoying has meant that many of our clients have taken to the roads at a time when normally their bikes would be in hibernation and this has caused a spike in accidents caused by defective roads.
More importantly we are finding that claims for compensation for injuries arising from pot hole accidents are finding favour in court as Judges are recognising that cash strapped councils have neglected roads and have created a clear and obvious public danger.
The law we use to prove these claims is the Highways Act which imposes a duty upon the highway authority to keep the roads in a safe condition. Such authorities will however use section 58 of the Highways Act as a defence, claiming they have a “good and proper system of inspection and repair” and should be allowed to escape liability. To support their arguments they often disclose vast and incomprehensible computer records that they claim show how their engineers carry out sufficient inspections.
Faced with this seemingly impenetrable defence many lawyers will give up; telling their client they do not have reasonable prospects of success. At Lampkin & Co our highway accident specialists microscopically examine council inspection records and have a high success rate in finding discrepancies to show where inspections have been missed causing a dangerous deterioration of the road surface.
If you or anyone you know has been injured in a scooter accident caused by a defective road surface call us for no obligation expert advice even if you have already been told your potential claim is unlikely to be successful.