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A49 LUDLOW SON FALLS OF SCOOTER DUE TO POTHOLE

by 205JEREMY

02 May 2010

My son was riding his scooter from Ludlow to Leominster on the A49.He was aware of traffic behind him so was keeping closer to side of road to allow them to pass.This resulted in him catching a pothole that was right next to a drain gulley(edge of drain cover is 1" higher than road surface)and pothole is 3" at its deepest point but in total is roughly 36" long and 24" wide. He tried to control the scooter but ended up falling off with the scooter sliding down the road.Several vehicles stopped to check he was ok and the vehicle that was directly behind him who saw the whole thing happen has kindly said he would assist in anyway possible with a claim against the council concerned.He managed to get back on his scooter and complete his journey to his grans.Once there he was taken to the local hospital with gravel rash to his stomach and elbows and a sprained wrist.I have been out armed with camera,spirit level and tape measure to get evidence of pothole and taken pictures of wounds to my son and damage to scooter.Apart from his pride being damaged and as he said it was not my fault if it had been filled in it would not of happened.This section of A49 between what is known locally as Skew bridge(railway) just north of the A456 to the start of Ludlow bypass is riddled with potholes and subsidence.The road has been marked ready for repair but not sure when this was done.
The part i am not sure about now is how to start to make a claim or if i am wasting my time trying to claim against a council sucessfully.The quote for damage to scooter for parts only with out labour is £236.82 his gloves and jacket that are ruined.Any advise would be greatly appreciated.Many thanks Colin

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Comments (1)

RBuck    posted : 03/05/10 at 10.10am

You need to request an FOI act from your council with details on this road and if it was being maintained by the council as they set out in their guidelines. An A road is a priority road due to the high levels of traffic on these. If the council have not been maintaining it as scheduled then they are liable and a claim would be worthwhile. Bear in mind that it is not easy to successfully claim off councils, 85% of claims are rejected. Visit the "how to claim" pages and go to the "step-by-step" page for more details on how to go about doing this if you wish to pursue it.

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