Quick answer
A collision caused by a pothole or road defect is not automatically the roads authority’s legal responsibility. The claim must identify who controlled the road or works, prove the defect caused the incident, and examine inspection, notice, maintenance and response evidence.
Key points
- ✓Identify whether the road is trunk, local, private or under roadworks control.
- ✓Record dimensions, position, sight lines and warnings safely.
- ✓Inspection and repair records can be decisive.
- ✓A contractor or utility may share responsibility.
- ✓Keep the cycle, motorcycle or vehicle damage evidence.
Identify the responsible network
Transport Scotland manages trunk roads through operating arrangements, while local authorities manage most other public roads. Private roads, construction sites, utilities and roadworks may introduce different responsible parties.
Document the exact defect
Use wide, approach and close photographs with a reliable scale. Record coordinates, lane position, lighting, weather, signs, barriers and whether the defect was obscured. Never place yourself in live traffic to gather evidence.
Inspection, notice and response
Relevant records may include route hierarchy, inspection frequency, prior reports, works orders, intervention criteria and repair completion. A defect existing at the time of a later photograph does not by itself prove how long it had been present.
Mechanism and vehicle evidence
Explain how the defect caused loss of control or impact. Retain damaged wheels, tyres, suspension, bicycle or motorcycle components and obtain an appropriate engineering assessment where necessary.
Authoritative sources
- Roads (Scotland) Act 1984 — Primary legislation concerning Scottish roads authorities.
- Transport Scotland: trunk road network — Official information about Scotland’s trunk-road network.
- Prescription and Limitation (Scotland) Act 1973 — The statutory limitation framework for Scottish personal injury actions.