What to Do After a Trip or Fall on a Pavement or Road Due to a Defect
If you are involved in a trip or fall on a pavement, road or other public highway, the steps you take immediately are important. Acting quickly helps preserve evidence, record the circumstances of the accident and document the injuries sustained.
This article sets out the practical steps to take following an accident caused by a defect in a public highway. Taking these steps can make a difference if you later pursue a compensation claim.
This page deals with highway accidents only. For incidents in shops or other premises, see our public liability claims section. Slip, trip and fall accidents on pavements and roads that form part of a workplace are dealt with in our employer liability section.
- What to Do After a Trip or Fall on a Pavement or Road Due to a Defect
- Immediate Steps After a Pavement or Road Trip and Fall
- Why Taking Immediate Steps After a Pavement or Road Trip and Fall Matters
- Summary: What to Do After a Pavement or Road Trip and Fall
- Free Initial Solicitor Consultation
Immediate Steps After a Pavement or Road Trip and Fall
As soon as you are aware that you have been involved in an accident on a pavement, road or path (whether on the streets, on public or private land) you should:
Seek Immediate Medical Assistance
By seeking immediate medical assistance – your injuries will not only be diagnosed and treated, but also recorded contemporaneously.
In other words – your medical notes will have a record on teh date of your accident (or close thereto) of the injuries you experienced and how the accident happened.
Seeking medical assistance may take the form of:
Call an Ambulance
Defects on pavements and roads can cause significant injury to pedestrians who trip and fall. This injuries will be typically be evident immediately.
If your injuries are severe – an ambulance should be called. Moving when severely injured may worsen your situation, so often it is best to wait for professional help.
Attend Hospital or Your GP
If your injury is not so serious that an ambulance is necessary – you still should ensure you attend at hospital or your G.P. to have your injuries diagnosed and treated.
A record will be made on your medical notes of any injuries you complain of even if no treatment is necessary. In addition – the doctor will ask how your accident happened and therefore a brief description of your slip trip fall accident circumstances will also be generally also be recorded.
Remember – it is important you tell the doctor all of your injuries no matter how small.
When Initial Shock Subsides You May Appreciate Injury
Some of your injuries may go unnoticed initially due to shock. But as soon as any symptoms present themselves – however small – see your G.P.
Record the Location and Take Photos of the Defect
Accurate records and photos made at the time of your accident will show where your trip slip fall accident happened, what the defect was that caused your accident and how big a defect it was.
Record the Exact Location of the Accident
Take a note of exactly where your accident happened and mark it on your copy of a local map.
If you can – take photos of the exact position. Both close up images together with some larger angled shots to show the position in relation to other landmarks and road signs. This will allow the position to be identified unambiguously when you make a claim.
If you too badly injured or not thinking straight to take photos immediately – you should return as soon as possible to take the photos.
Exact Location Is Essential
Many times we are approached by accident victims or know which pavement or road they tripped on, but cannot be precise about where exactly they fell and what defect caused it. This is true especially when a highway may have a large number of defects.
It is for the Claimant to prove every aspect of their claim including where exactly the trip and fall occurred and which specific defect caused their fall.
Many times failure to provide this evidence can mean that a claim is not proven.
Take Photos of the Pavement or Road Defect
If you can, take a photograph immediately of the defect which caused your accident.
For example, if you tripped over a raised pavement stone you should take some wide angle photos of the area with the raised paving stone clearly shown, some close up shots of the raised stone, some shots of a ruler or measuring device in the photo with the ruler markings clearly indicating the size of the defect.
The Height Of The Defect Is Essential
The height of the defect is one of the most important dimensions to illustrate and this is often determinative in showing the defect is an actionable one. In other words – defect height needs to be over a certain amount for the council or highways authority to have liability.
You make have take some initial photos at the time of the accident, but essential details may have been missed, such as the defect height, Therefore – we recommend you return whilst the defect is still evident (perhaps with a friend) so that photos with accurate dimensions can be clearly shown.
In the past when photos were printed – we would always say that these photos should be signed and dated on the reverse to prove when they were taken and by whom.
However – with modern phones the date and time are typically recorded in the photo filename.
If you didn’t have a phone or camera with you at the time of your accident – go back to the scene as soon as you can to take photos. It is likely that the defect that caused your accident will still be existence.
Record Witness Details
Many times you will be assisted by passersby when a pavement trip and fall occurs. These individuals are classed as independent witnesses.
It is essential that you take the name, contact number and any other details of these independent witnesses.
This is a reliable way of proving taht teh accident happened in the way you describe.
If you are with a companion at the time of the accident – they will typically not be classed as independent. Still their evidence can also prove valuable, so keep any of those details too and perhaps have them take photos of the accdeint spot whilst you await medical assistance.
Notify the Council, Utility Company or Other Highways Authority
Clearly you do not wish others to have a similar accident to what you experienced. Therefore – it is important that tot reprt thr defect to the respective authority.
Typically – if it is a raised flag stone in a pavement or a pothole in the road that may be the council. Alternatively – if it is a raised manhole cover or collapsed drain that might be United Utilities.
Most authorities have details online as to how to report defects. There will often be an emergency number for urgent defects followed by an email recording your report.
In any event – keep whatever record you can as to this report,
If the council deems it urgent – they will often come out to assess and make safe using cones and barriers and later return for a full repair.
By making a report – you have confirmation of the accident happening, the location and the defect that caused your trip and fall.
Keep a Diary of Your Symptoms
Keep a diary of all your physical symptoms – what they are and on what dates.
Remember any psychological symptoms – including shock, sleepless nights etc. should also be recorded.
Although – much of your symptoms may be recorded on your medical notes, precise details may not.
As part of your trip and fall accident claim you will see an independent medical expert to produce a report. This is your one chance to properly detail your full symptoms and get the most accurate medico-legal report to support your claim.
Many clients feel flustered during this meeting and cannot recall all the symptoms they experienced and their duration. By having a diary you can be accurate, refresh your memory before the appointment and refer to it during the medical examination if you get flustered.
Record Financial Loss and Expenses
Keep a record, as well as any receipts, for all the expenses you have as a result of your accident including: lost income, prescription expenses, travel expenses to and from the hospital or your G.P, etc. These expenses can all form part of your slip/trip claim for compensation.
Only you can provide the details of your financial loss and expense. Therefore – keeping records together with supporting receipts is essential.
You may not be able to claim everything you record, but at some point during your claim your solicitor will request details.
Proper records can ensure what you are entitled to you can claim in compensation.
As the burden or proof falls on the Claimant to prove loss. If you cannot prove (even if you have incurred the loss) – you will generally not be compensated.
Why Taking Immediate Steps After a Pavement or Road Trip and Fall Matters
Taking these steps may be the last thing on your mind following a highway trip and fall accident. But they will prove critical in proving you have a compensation claim and recovering the correct compensation payout.
As you can imagine – there is always a reluctance for public bodies, such as the council, to accept you have a claim. Thus the more evidence the easier it will be achieve a successful outcome.
Related Pavement and Road Trip and Fall Articles
Discover the most common types of highway defect that can cause a pedestrian pavement or road trip and fall accident. See how to prove council liability and the reasonable inspection defence often relied on to fight your claim.
Summary: What to Do After a Pavement or Road Trip and Fall
You have seen the key steps to take immediately following a trip or fall on a pavement or public highway. Acting quickly helps ensure you receive appropriate treatment and preserve evidence to support a potential compensation claim.
In summary, you should:
- Call an ambulance if your injuries are severe.
- Record exactly where the accident happened.
- Take photographs of the defect that caused your accident.
- Return to the scene as soon as possible to take further photographs, including images with a measuring device.
- Take the names and contact details of any witnesses.
- Attend hospital or your GP for examination and treatment.
- Notify the council responsible for the pavement, road or highway.
- Keep a diary of your symptoms.
- Record any financial losses and expenses, keeping receipts.
Taking these steps early can help ensure that key evidence is preserved and may strengthen any future claim.
Free Initial Solicitor Consultation
We offer several specialist solicitor free help options if you are considering making a compensation claim following a pavement or road trip and fall. You can not only speak direct to a solicitor to have your claim assessed, but also ask a question or arranging a callback.
