The Government needs to introduce new laws to guide drivers navigating Britain’s pothole-scarred roads, the country’s leading road traffic lawyer has warned.
The move is vital, says Nick Freeman, to spare motorists from the ‘rock and hard place ‘ dilemma when driving on roads in desperate need of repair.
Mr Freeman – known as Mr Loophole for winning cases on legal technicalities – says that without guidance from the Government, motorists who encounter potholes are faced with two unpalatable choices: swerving and so risking an accident . Or driving over the pothole and cause serious damage to their vehicle.
He says “Swerving to avoid a pothole won’t afford you a defence in court if you have an accident. You will be criminally liable. And there’s a fair chance you’ll be charged with anything from driving without due care – to a more serious offence depending on the consequences. Conversely, if you drive over a pothole and damage your car, the local authority will more than likely refute any civil claim for damages – arguing that the driver should have been more careful. So, the motorist is caught between a rock and a hard place.
“That’s why the Government needs to give clear guidance – through the law – over what a motorist is supposed to do, so that the already beleaguered driver is exculpated and no longer responsible from a criminal or civil perspective. Put simply there should be a special defence to cater for the parlous state of our roads – which the motorist is not responsible for. ”
Only recently UK’s roads were described by the RAC as looking like “the surface of the moon”, following a record rise in the number of pothole-related breakdowns the company has dealt with. In the first three months of this year, the breakdown rescue firm received nearly 5,000 call-outs for vehicles likely damaged by potholes – around three times as many as in the last three months of 2020.
The Local Government Association claimed in 2016 that it would take 14 years to clear the backlog of potholes, despite councils filling in almost two million per year.
While councils have an obligation to maintain roads to a standard which aims to prevent potholes forming, most councils have a time schedule to stick to when it comes to repairs. According to Nick Freeman, whose clients include Jimmy Carr, David Beckham and Jeremy Clarkson, the Government missed a “once in a lifetime” opportunity to repair the roads during lockdown
Said the 64 year-old lawyer: “Lockdown was an unprecedented situation with barely any traffic on the roads as people stayed at home. Why didn’t local authorities seize the opportunity to repair roads? Remember it’s not just cars that are affected – potholes are a danger to people who cycle or use motorbikes and scooters too”
Mr Freeman, who drives 50,000 miles a year, also pointed out that even when repairs are carried out , many potholes reappear within a week because of poor workmanship. Even though, in the October 2018 budget, Chancellor Philip Hammond announced an extra £420m of funding for councils to tackle potholes, on top of an existing fund of almost £300m.
Added Mr Freeman: “I spend a great deal of time behind the wheel – not least because my work takes me all over the country. So I have first hand experience of Britain’s appalling road surfaces. Trying to navigate some roads is very much like playing British Bulldog –a lot of dodging and swerving. Hardly ideal for road safety. Drivers need to be emboldened when faced with the dilemma of what to do when confronted with a pothole. Current options of either swerving to avoid or driving over them are both unpalatable There needs to be legislation to specify how the motorist should tackle this ridiculous situation. It seems manifestly unfair that motorists, through no fault of their own, are placed in such a perilous position.”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
If you would prefer to send a confidential email the please click here.
Our Details
Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
