The BIG pothole problem

April 8, 2021

Potholes are a familiar sight on road surfaces around the world. The expansion and contraction – or continual freezing and thawing – of subsurface water causes the formation of potholes. Changing weather conditions, poor road infrastructure, heavy traffic, or heavy vehicles can all contribute to pothole formations.

Summer and winter extremes have caused significant damage to the UK’s local roads. The Asphalt Industry Alliance determined that the UK needs 10 years and £12bn to make its roads safe again. The government, being liable for the upkeep of UK roads, budgeted half of this amount up to 2021.

Employer responsibilities regarding potholes

Apart from the government, employers, and by implication health and safety officers, are liable for the upkeep of road surfaces and car parks in and around workplaces. Under the Workplace (Health, Safety & Welfare) Regulations 1992, an employer must ensure the working environment is safe both for employees and visitors. A car park that has unrepaired potholes in it could pose a significant risk to those who use it.

The HSE confirms these responsibilities:

• Road surfaces must be suitable for the intended traffic and driving purposes.
• Potholes, being a risk that can cause injuries and property damage, must be reported and fixed.
• Roads and car parks must provide the required grip for both people and vehicles.
• Road and car park surfaces must comply with set standards.

Ignoring these obligations can result in costly claims and injuries.

Dangers of an unattended pothole

Autoglass conducted a survey that gained information from 3,000 road users regarding the causes of road accidents. The survey discovered that:

• Unsavoury road conditions such as potholes cause roughly 45% of road accidents.
• A standard, daily travelling route contains an average of 13 potholes.
• Roughly 30% of road users drive over or into potholes because these hazards are not visible.
• Nearly all road users would like clear warning signs to indicate the presence of potholes.

Hitting a pothole not only results in expensive vehicle repairs, but can also cause personal injuries. Motorcyclists and cyclists are more likely to suffer serious or fatal injuries as they are more exposed. Cycling UK confirmed this eventuality by reporting that 22 cyclists were killed and 368 severely injured due to poor road conditions between 2007 and 2016. These statistics, gained from police incident reports, paint an alarming picture.

In 2019, UK citizens launched no less than 700,000 complaints about potholes. The problem seems to be escalating amid budget cuts, the coronavirus and a global economic crisis.

Fix and maintain

The statistics and case studies are clear about the consequences of unfixed potholes. No employer wants the encumbrance of compensation claims or on-site injuries.

Interesting pothole facts

Annoying and hazardous as they may be, here are some interesting facts about those potted holes:

• It would take 53,353 Ford Focuses – chopped into tiny bits – to fill 2,202,000 potholes.
• In the UK, there is a pothole for every mile of road.
• Devon reported a six-foot-wide pothole that the residents nicknamed the ‘swimming pool’.
• A hole is not a pothole unless it is 40mm deep.
• Irishman Liam Keane went for a swim in a pothole approximately five feet deep. He did note that it was “very, very cold”.
• The UK has a National Pothole Day, which is celebrated annually. During this momentous event, tribute is paid to ‘deceased’ wheel covers that succumbed to mortal wounds sustained in encounters with potholes.
• Then there was the birthday party for a pothole. Two councillors threw anniversary celebrations for a pothole in West Sussex. Despite numerous pleas, the pothole remained unfixed for two years. However, the ‘birthday’ celebrations drew the necessary attention, and the pothole was filled the very next day.

Case Study

Linder Myers Solicitors successfully concluded a settlement in favour of its client against an employer. The employee was a forklift driver. The yard surfaces were in disrepair and dotted with potholes. The employee raised the matter with the employer, but no action was taken. Consequently, the employee suffered injuries and was awarded £6,500.