Should You Photograph a Pothole After an Accident?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

And Other Evidence You May Need

If you suffer an injury because of a pothole, what you do in the moments afterwards can make a big difference, so should you photograph a pothole after an accident? The short answer is yes. Photographs often play a crucial role in pothole injury cases. However, images alone are rarely enough. To protect your position and strengthen any future personal injury claim, you should gather several types of evidence as early as possible.

With National Pothole Day falling on 15 January every year, the AA (Automobile Association) in the UK has said there were over 610 000 pothole related instances in 2025. They also highlighted that there were an estimated 1600 drivers a day with vehicles damaged by road defects.

So if you’ve suffered an injury in a pothole accident where the pothole significantly contributed to your accident, you may be able to claim for compensation.

Why Is Photographing a Pothole So Important?

Potholes can be repaired, filled, or altered quickly and this can happen sometimes within days or even hours. If that happens before evidence is recorded, proving how dangerous the defect was becomes much more difficult.

When it comes to your accident, photographs help to:

• Show the size, depth, and condition of the pothole
• Demonstrate that it posed a real danger to road users
• Support your version of events if liability is disputed
• Counter claims that the pothole was minor or unavoidable

Local councils and highway authorities often argue that a pothole was not dangerous or did not meet the legal threshold for repair. Clear images can directly challenge that defence.

What Your Pothole Photos Should Show?

To make your photographs useful, they need to show more than just a hole in the road. So, here’s what you should pay attention to when taking photographs at the accident scene:

1. The Size and Depth of the Pothole

Take photos from different angles and distances. If possible:

• Include a ruler, coin, shoe, or water bottle for scale
• Show the depth clearly, not just the surface

Courts often look at whether a pothole exceeded a certain depth (commonly around 40mm on roads), so scale matters.

2. The Location of the Pothole

You should also clearly show:

• The surrounding road, pavement, or path
• Nearby landmarks, street signs, or road markings
• The pothole’s position in the carriageway or walkway

This helps prove where the accident happened and which authority may be responsible.

3. Lighting and Visibility Conditions

If poor lighting contributed to the accident:

• Take photos at the same time of day if possible
• Show shadows, darkness, or lack of street lighting

This can support arguments that the pothole was difficult to see and not reasonably avoidable.

What If You Couldn’t Take Photos Immediately?

If your injuries prevented you from taking photographs straight away, you should:

• Ask a friend, family member, or witness to take them
• Return to the scene as soon as it is safe to do so
• Check whether the pothole appears in online street imagery or local authority inspection records

Even photos taken days later can still help, especially if the pothole remains unrepaired.

Other Evidence You May Need for a Pothole Injury

While photographs are important, successful pothole injury cases usually rely on several forms of evidence. This may include:

1. Medical Records

Seek medical attention as soon as possible, even if the injury feels minor at first. Your medical records will:

• Confirm the nature and severity of your injuries
• Create a clear timeline linking the accident to your condition
• Support any claim for compensation

Delays in treatment can allow insurers to argue that your injuries came from another cause.

2. Witness Details

If anyone saw the accident or its immediate aftermath, try to obtain:

• Their full name
• Contact details
• A brief account of what they saw

Independent witness statements can strongly support your case, especially if liability is disputed.

3. Accident Reports

Depending on where the accident happened, you may be able to:

• Report the incident to the local council
• Obtain a report number
• Keep a copy of any confirmation emails

If the pothole had already been reported before your accident, this can help show that the authority knew, or should have known, about the defect.

4. Clothing and Footwear

Do not throw away:

• Damaged shoes
• Torn clothing
• Helmets or protective gear

These items can demonstrate the force of the impact and support the severity of your injuries.

5. Proof of Financial Losses

If your injury caused financial losses, keep evidence such as:

• Receipts for medication or treatment
• Travel costs to medical appointments
• Wage slips showing lost earnings
• Repair invoices for damaged vehicles or bicycles

This evidence helps calculate compensation beyond pain and suffering.

6. Can CCTV or Dashcam Footage Help?

Yes. CCTV, dashcam, or helmet-cam footage can be extremely valuable if it captures:

• The pothole itself
• The moment of impact
• Road and traffic conditions

You should request footage as soon as possible, as recordings are often deleted within weeks.

Why Councils Often Dispute Pothole Claims

Local authorities commonly rely on a legal defence that they took reasonable care to maintain the road. They may argue that:

• The pothole developed between inspections
• The defect did not meet repair thresholds
• They repaired it within a reasonable time

Strong evidence—especially photographs and inspection history—can help challenge these arguments.

When Can You Claim for a Personal Injury Caused by a Pothole?

You may be able to claim for a personal injury if:

• A pothole caused or significantly contributed to your accident
• You suffered a physical or psychological injury
• The responsible authority failed in its duty to maintain the road safely

In most cases, you must start a personal injury claim within three years of the date of the accident. However, acting early is important. Evidence becomes harder to obtain over time, and memories fade.

Free Consultation: Start Your Claim for Compensation

Photographing a pothole after an accident is one of the most important steps you can take, but it is only part of the picture. Clear images, medical records, witness evidence, and proof of losses all work together to strengthen a pothole injury case.

If you act quickly and gather the right evidence, you place yourself in a far stronger position to start your claim for compensation.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange an initial no-obligation telephone consultation.