Last Updated on May 6, 2026 by tanya

Pothole Risks for Pedestrians and Wheelchair Users

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Who Is Responsible & What To Do Next

Every year, thousands of people are injured simply walking or wheeling down the street which may include pothole risks for pedestrians and wheelchair users. While vehicles navigate bumps and dips, pedestrians and wheelchair users face hazards that drivers might barely notice, such as potholes. These seemingly minor imperfections in roads, pavements, and shared-use paths may cause serious injuries for our more vulnerable road users in England and Wales.

However, if you’ve been injured in a pothole incident and it wasn’t your fault, you may be entitled to file a claim for compensation.

 

The Hidden Danger Beneath Our Feet

Potholes develop for a variety of reasons such as weather, poor construction, lack of maintenance, and heavy traffic patterns. What starts as a small crack can quickly turn into a cavity that can trap a foot or a wheelchair wheel. National Pothole Day is held every year on 15 January in the UK to raise awareness on the road damage across the UK with emphasis on permanent fixes to potholes.

For pedestrians, the consequences of a misstep can be severe. A sudden twist of the ankle, a fall forward onto a hard surface. This type of incident can result in unforeseen injury, and cost money. For wheelchair users, potholes pose an even greater risk: a wheelchair can get caught, flip, or become unstable, leading to falls and injuries which could result in loss of independence.

 

 

Common Injuries from Potholes

When a person trips over a pothole or a wheelchair wheel gets stuck, the resulting injuries can vary widely, depending on how the fall occurred and how the individual landed. Some of the most common injuries may include:

 

Sprains and Strains: Particularly in the ankles, knees, and wrists, when people try to break their fall.

Fractures: Broken wrists, arms, hips, or legs are common, especially in older adults.

Head Injuries: A fall can lead to a concussion or more serious traumatic brain injury if the head strikes the ground.

Cuts and Abrasions: From hitting the pavement directly.

Back and Spinal Injuries: These can be especially debilitating and long-term.

 

However, for wheelchair users, the dynamics change. Not only is there the risk of bodily injury, but the impact on mobility equipment can lead to secondary injuries if the wheelchair malfunctions or tips over.

 

Why Do Potholes Cause So Many Accidents?

There are a few key reasons potholes pose such risks:

 

They’re Often Hard to See

 

At night, in heavy rain, or when shadows mask their edges, potholes become nearly invisible until it’s too late.

 

Uneven Repair Standards

 

Some municipalities respond quickly to reports of potholes, while others prioritise vehicle traffic over pedestrian safety, leaving dangerous areas unattended for weeks or months.

 

Lack of Awareness

 

Many people don’t understand how dangerous potholes can be, especially in areas where foot traffic is high, but maintenance is low.

 

Weather Extremes

 

Freeze-thaw cycles, heavy rain, and seasonal temperature swings can split pavement apart rapidly, turning smooth paths into hazards.

 

Injury Claims: When They Succeed and When They Don’t

If you’ve been injured by a pothole, it’s natural to think you might be able to claim compensation. In theory, yes – but in reality, pothole injury claims may be surprisingly tough to win.

Here are the key reasons why these claims often fail:

 

1. Proving Who Is Responsible

One of the biggest hurdles in a pothole injury claim is identifying who was responsible for the surface where the accident happened. Roads and pavements can be maintained by different authorities and councils. If the wrong party is named in a claim, or if responsibility cannot be clearly established, the claim may fail.

 

2. Establishing That the Hazard Was “Reasonably Foreseeable”

To succeed in a claim, you generally have to show that the authority in charge knew (or should have known) about the pothole and did nothing about it. That’s called “reasonable foreseeability.” If a pothole appears suddenly, and no one had a reasonable opportunity to fix it, the defence might argue that the injury was not preventable.

 

3. Proving That They Failed to Act

Even if the responsible authority knew about the pothole, you still need to show they failed to act appropriately. Authorities may argue that they inspected the area regularly, assessed the hazard, and concluded it didn’t meet the threshold for urgent repair. If their inspection records support that case, your claim may not succeed.

This is why many pothole injury claims fail – not necessarily because the claimant isn’t injured, but because the legal threshold for liability is difficult to meet.

 

4. Lack of Evidence

If you can’t prove the pothole existed in a dangerous condition at the time of your injury, a claim is unlikely to succeed. If all you have is your word and a bruise, that’s simply not enough. Many claims fail because people don’t collect the right evidence when the injury happens.

 

5. Time Limits

There are strict time limits for making a personal injury claim. If you wait too long to report the injury to the responsible authority or to start the legal process, your claim could be barred entirely.

 

 

What Evidence Do You Need to Start a Personal Injury Claim?

If you’ve been injured in a pothole accident, it’s important to act quickly. The strength of your claim will depend on the evidence you gather and how well you document what happened. Here’s what you should focus on:

 

Photographs and Videos

Clear photos and videos of the accident scene can be strong evidence. Try to get images of:

 

• The pothole from various angles
• The location, with landmarks or street signs visible
• Any visible injuries you suffered
• Your wheelchair (if damaged) or other mobility aids These visuals speak much louder than memory alone.

 

Location and Time Details

 

Write down exactly where and when the accident occurred. Note weather conditions, lighting, footfall, and whether other people witnessed the hazard. Report the accident to the relevant authority.

 

Witness Information

 

If someone saw you fall or can confirm the pothole was dangerous, get their name and contact details. Independent witnesses can be powerful evidence.

 

Maintain a Diary

Make sure you seek medical attention and obtain all the records of treatment. It’s also advisableto keep a daily log of your pain, mobility issues, emotional impact, and any expenses (like travel for treatment or lost earnings). This shows the real impact of the injury on your life.

 

Need Help Now?

An accident involving a pothole may result in serious injury, especially for pedestrians and wheelchair users. If you or someone you care about has been injured in a pothole accident, act quickly: document everything and seek medical help.

As these incidents may be complex, it’s advisable to consult with an experienced personal injury solicitor to have your case assessed.

Reaching out to a trusted claims company can make a considerable difference in your journey ahead. Our team partners with highly experienced lawyers who operate on a ‘No Win, No Fee’ basis and will ensure you receive all the support you need. 

Call us at 0333 358 2345 or contact us online at First Personal Injury to for an initial, no-obligation consultation.