A Cycling UK member who sustained serious injuries after falling due to potholes on a road in Crowton has successfully secured a settlement of over £22,000, despite the local council initially denying any responsibility for the incident.
The accident occurred while the member was riding along a residential road when he hit potholes that caused him to be thrown from his bicycle. He suffered a range of physical and psychological injuries, though fortunately did not require any time off work.
The Importance of Quality Photographic evidence
Photographs of the road surface were submitted as part of the claim, but concerns were raised about the accuracy of the images, particularly the measuring tool used, which appeared bent and not flat to the road surface, making it difficult to assess the true depth of the potholes. This highlights the importance of taking clear, well-lit photographs with accurate and level measuring tools to document road defects properly. The local council stated that the road is inspected every three months and that the last inspection prior to the incident, in June 2022, found no actionable defects. They also claimed to have received no prior reports of any issues. However, this was contradicted by a local resident who confirmed that multiple online reports about potholes in the area had been submitted in the weeks leading up to the accident. These reports, however, received no response. Again this is a great lesson to make sure we support improving infrastructure by reporting potholes which can be done through the Fill That Hole website which is ran by Cycling UK and Supported by Cycle SOS.
A post-accident inspection by the council in July 2022 identified a defect at the scene, which was repaired later that month. Despite this, the council continued to deny liability, stating they had complied with their legal obligations under the Highways Act 1980.
The Cycling UK member pursued the legal claim with determination and, with the support of Cycle SOS and the Solicitors at Fletchers, successfully achieved a settlement of over £22,000. As a member, he benefited from legal representation without any deductions from his compensation, saving more than £5,000 in fees that would usually apply under standard legal funding agreements. This coupled with the fact that without the specialist experience another personal injury firm could have given up but with the specialist cycling solicitors at Cycle SOS we were well versed in helping those fight in the face of denial we were able to win this case.
The case required persistence and patience, eventually settling in under three years. It illustrates how important it is to stick with a claim, even in the face of an initial denial. It also reinforces two key lessons:
- Always report road defects as soon as you see them, these records can be vital in proving the council’s knowledge of the hazard.
- Take clear, accurate photographs of the defect, ideally with proper measurements, as these can make a significant difference in the strength of your case. We recently published a blog which clearly explains how to measure a pothole or other road defect.
This case serves as a reminder of the dangers poorly maintained roads pose to cyclists, and the vital protection Cycling UK membership offers, helping riders access justice and compensation with expert, specialist assistance.
