A CAMPAIGNER for disabled rights is considering taking legal action against Pendle Council because he fell from a kerb on a zebra crossing into a busy main road.

And today council bosses admitted the kerb was too high and vowed to take immediate action.

Pensioner Roy Colton, 69, of Clough Road, Nelson, who uses a wheelchair, said the kerb at the Netherfield Road zebra crossing near to the Jobcentre is too high and caused him to fall into the road.

Mr Colton, a former baker, said he was nearly killed when he fell from his wheelchair into the main road.

He said he has now instructed his solicitor Bob Cornall, of Steele Ford and Newton Solicitors, Carr Road, Nelson, to consider his case for legal action.

A spokesman for the solicitors said Mr Cornall had spoken to Mr Colton about the case.

The incident happened at about 11am after he had been into town to get some shopping.

Mr Colton who is married to 69-year-old Janet, who is also disabled, said: "I don't usually go that way but I thought it would be quicker because I needed to get back for Janet.

"The kerb is far too high and as I attempted to cross the road, I tipped out of the chair into the road. I couldn't get up so I was very lucky not to be run over. Luckily some cars stopped and they managed to get me back into the chair and to safety which I am very thankful for."

He added: "I wasn't injured but I am seeking compensation for the trauma, shock and embarrassment that I suffered because of the accident. I want to prevent anybody else from having to go through what I had to."

Pendle Council has vowed to take action and has already ordered that the kerb be removed and a lower one put in its place.

Simon Hook, highways maintenance engineer, said: "We have accepted that the kerb is higher than normal. It was done when the road was put in a number of years ago.

"I went to meet Mr Colton to investigate the site where the alleged accident happened. It is higher and we have ordered work to be carried out to put in a new kerb drop which should take between six and eight weeks for the work to be completed."

He added: "All claims are fully investigated by Pendle Council who act as agents for Lancashire County Council.

"If Mr Colton is considering legal action then it will be dealt with through the normal process which goes to Lancashire County Council who will process the claim."