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Photographic Evidence in Highway Fall Claims
When you suffer injury as a result of fall, as a pedestrian or cyclist, due to a pothole or other defect in the road or pavement the last thing on your mind is likely to be taking photographs of it.
However, to succeed in a Highways claim clear photographic evidence of the defect is necessary.
The photographs should show the defect clearly and in a position where its location can easily be seen.
In addition it must show dimensions of the defect ideally with a ruler or tape measure showing the inside and outside of the defect.
Of course safety is paramount and if it is not safe to measure the defect due to it being in the middle of a carriageway for example, photographs taken from the pavement or with permission, an adjoining property may be sufficient if an explanation as to the limitations in safely taking the photographs is also provided.
When copy photographs are being provided , it is a good idea to also show the metadata (the data confirming the time, location etc of when the photograph was taken), which can usually be obtained by opening the picture and pressing the information button if the pictures were taken on a mobile device. A screen shot can then be taken showing the metadata over the photograph. If you did not take the photographs a brief statement from the person who took them is also useful, confirming when they attended and how they knew where to photograph.
If the photographs could not be taken immediately, any changes to the defect should also be noted such as an accumulation of debris such as leaves, mud or stones within it or if it was obscured by water or not at the time of your accident.
It is also often useful to obtain witness evidence of how long the defect has been there. It is worth taking photographs of the general area as local businesses can be approached to see if they are aware of the defect or other accidents as they may have been affected or had staff witness or even help others who have been injured.
Should you suffer an accident, please feel free to contact our Personal Injury team who have over 30 years’ experience of helping people recover compensation on 01270 762325 or PI@poolealcock.co.uk. We are happy to help.
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