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A deep pot hole.

Reporting a Pothole: A Guide for Cyclists

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If you’re a cyclist who has suffered damage from a pothole, you may be entitled to compensation. Claiming pothole damage from the council can be a complicated process, but it’s important to hold local authorities accountable for maintaining safe roads. 

Cycling on the roads of Britain can be a great way to get around, but potholes and other road damage can make it hazardous. According to the Annual Local Authority Road Maintenance Survey 2022, 1.7 million potholes were filled in England and Wales [1]. That’s the equivalent of one every 19 seconds!

However, potholes and other defects on the road continue to pose a risk for cyclists and, when spotted, should be reported for public safety. Here’s our Cycle SOS guide for cyclists, covering how to report a pothole. 

What is a pothole? 

In the UK, potholes are generally caused by water freezing and expanding in cracks on the road surface. This causes further damage to the road’s structure, which can become a hazard for cyclists.

Other factors that contribute to pothole formation include excessive wear and tear from heavy traffic, poor drainage, inadequate resurfacing or patching, and tree roots.

One of the reasons potholes are so prevalent in the UK is our climate – the frequent freeze-thaw cycles in winter, and sometimes as quickly as overnight in transitional periods such as Spring and Autumn, cause roads to wear out faster and increase the chances of potholes forming. 

Are potholes dangerous?

When a pothole can be considered dangerous will vary between local authorities. However, in general, a dangerous pothole is a minimum of 40mm deep and at least 300mm wide. Potholes and uneven road surfaces can cause a cyclist serious head, neck, shoulder and upper-arm injuries if hit.

"Be cautious, cyclists! Potholes can be extremely dangerous! A deep hole can cause significant injury. Keep safe and keep an eye out for those potholes! #cycling #tipsforsafety"

How do I report a pothole? 

To report a pothole or road defect in England or Wales, simply enter the postcode of the road where you found the defect. You can also use the Fill That Hole reporting tool, commissioned by Cycling UK.

Whose responsibility is it to repair potholes? 

It is the responsibility of the local Highways Authority such as a county, city or borough council (or private landowner) to repair potholes or other road defects and ensure they are safe for use as outlined in The Highways Act 1980. If you’ve experienced a cycling injury after hitting a pothole, you may be able to make a compensation claim if you can prove the local authority was negligent in maintaining the roads. In some cases, you may be claiming against a government agency rather than a local council, so it is important to check who is responsible before starting your claim.

How do I make a pothole claim? 

To make a successful pothole claim, it is key that you clearly document the pothole as soon as possible after the cycling accident. Even a week later may be too late as the road defect may have changed, or even been repaired, making your compensation claim more difficult to process. 

It is therefore crucial that you gather all the evidence necessary, including images, measurements, and the exact location of the pothole, before reporting the defect and starting your claim. 

When it comes to making a successful pothole claim, you must provide as much detail about the accident as possible. When taking photographs, place a common object by the pothole for a reference of size, and measure the pothole using a flat-edge spirit-level and metal tape measure. Stay alert and look out for oncoming traffic while taking the measurements, you may decide to erect a hazard sign or take someone with you to ensure you’re safe. 

How to measure a pothole

Place the spirit-level or flat-edged aluminium or steel baton across the defect and clamp a metal tape measure or ruler to it. The ruler must touch the bottom of the pothole. All you need to do is make a note of the depth and take a picture of the measuring equipment in place. 

What evidence should you photograph?

Take images of the area immediately around the pothole and at different distances for a better perspective. Features around the pothole may give some context, for example, loose gravel may suggest recent deterioration, whereas vegetation may prove the pothole has been there for a while. 

Taking images of your bike by the pothole will provide even further context, especially if you’re able to demonstrate the depth of the road defect when compared to your bike’s tyre and rim – potentially proving that the impact would have caused you to fall forwards on your bicycle. 

You should also try to capture fixed features such as a road sign in your evidence images, as it helps to provide an exact location when making your cycling pothole claim. If your phone can store location data or geotag your images, you should include this information too. 

Make a claim for pothole damage with Cycle SOS

At Cycle SOS, we can assist you with a pothole claim on a no-win, no-fee basis. Our conditional fee agreement means you’ll only pay for the support of our cycling accident claim specialists if you are successful in your claim. 

With over 30 years experience helping cyclists, we’re able to carry out our own investigations, ensure you receive medical evidence as proof of your pothole cycling injury, and help you to get compensation for loss of earnings, damage costs, injury treatments, and home adaptations if necessary. 

Our pothole claims service covers the entire UK, contact our specialist cycling legal experts today for a no-obligation consultation. For more information about our services or to start your claim, call 0808 100 9995 and speak to one of our specialist solicitors. We’re here 24/7 to help. You can email us or schedule a callback.

Sources:  [1] – https://www.asphaltuk.org/wp-content/uploads/ALARM-survey-2022-FINAL.pdf

Written By:

Emily Pheysey

Litigation Executive

Emily has over 7 years of experience in the legal sector, handling road traffic accident claims to recover compensation and support her clients. Her focus is to ensure all clients feel comfortable and at ease with the claims process so that they can focus on their recovery.

Emily considers rapport to be an essential part of the role and strives to always provide excellent client care.

Away from work, Emily enjoys spending time with her family and friends and travelling as much possible.

Diane Holderness

Litigation Executive

Diane is a Ministry of Justice (TOJ) Team Leader within our Cycle Department. She has 11 years’ experience managing road traffic accident claims, and 6 years’ experience managing MOJ claims.

Diane enjoys a challenge and always strives for the very best results for her customers; something that is clear in the way her team continually adapts its strategies in order to secure the most desired outcome. Diane has worked her way through the legal ranks here, and is proud to now have a strong, specialist team that is committed to customer satisfaction.

Diane believes that happy clients make a happy working environment, and it is this that ensures a productive and efficient workforce.

Nina Haddock

Chartered Legal Executive

Nina has over 30 years’ experience in the legal sector. She specialises in recovering compensation for injury claimants as a result of road traffic accidents. Her focus for each and every claim is to help her clients secure the funding that they need to pay for ongoing treatment and support.

Nina became a CILEX Fellow in 2006 and now helps her clients and their families at a time when they have been through a traumatic experience, and everything they hold dear to them appears to be changing.

One case Nina is particularly proud of is supporting a client who had successfully sought asylum in the UK, following a road traffic accident. The claim was successfully pursued through the MIB and the client was left with significant injuries. Her client was able to use the compensation to aid family members with their applications to seek asylum in the UK.

Julian Fox

Cycling Accident Solicitor

Julian qualified as a Solicitor in 2005 and has worked in all areas of personal injury since 2000. Julian has a well-rounded understanding of personal injury law, having represented both claimants and defendants.

Julian always aims for maximum damages to meet his clients’ needs for injury and rehabilitation expenses, and can often secure interim payments to help meet clients’ financial needs. Julian is highly proactive in ensuring cases are progressed, ensuring a timely conclusion.

When not at the office, Julian is a keen cyclist, both on roads and virtually -he will often do an hour of ‘Zwifting’ in the mornings before starting work.

Richard Atherton

Cycling Accident Solicitor

Richard has 12 years of legal experience and qualified as a Solicitor in February 2014. He has been a Team Manager with us since 2019. Throughout his career, Richard has specialised in personal injury, handling an array of Road Traffic Accident cases, in addition to employer and public liability.

Richard prides himself on his very strong strategic and planning skills, which come into their own in complex injury cases where more technical arguments are involved. On every case, he is committed to ensuring that his clients receive full compensation for their injuries.

Away from work, Richard enjoys sport; he is a season ticket holder at St Helens Rugby Club and a Liverpool FC fan. Not only a spectator, Richard also likes going to play golf as often as he can.

Dave Gardner

Litigation Executive

Dave has over 20 years of experience in the legal sector. His specialism is personal injury and he has dealt with hundreds of cycling injury claims during his career. Excellent client care and communication is paramount to Dave. He prides himself on being accessible and available, attending court hearings where damages are in dispute to ensure the best outcome for his clients. One case Dave is particularly proud of is when he supported an elderly client who suffered serious injuries following a road traffic incident. The police had not taken any action against the defendant, so Dave had to be proactive and act within a 24-hour window. The case proceeded and the client was in receipt of £30,000 in damages, which he would not have been entitled to had the client not approached Dave. He is also an avid supporter of Glasgow Rangers and travelled abroad on many occasions to see them play in European competitions.

Gerard Horton

Partner

Gerard is a Senior Solicitor at Cycle SOS. In his 13 years of experience, Gerard has built a national reputation in the catastrophic injury sector, dealing with high value and complex cases. Alongside his legal role, Gerard supports several charities including Headway Central Lancashire, Northwest Regional Spinal Injuries Centre and spinal injury charity, Back Up.

Julia Eyton

Partner

Julia brings a wealth of knowledge and expertise to the Cycle SOS team.

Specialising in representing those who have had life changing injuries, Julia handles some of the most serious and complex personal injury cases both within Cycle SOS and nationally.

She often works on high value claims and is skilled in winning complex liability cases.

NADIA KERR

Partner

Nadia has over 30 years of legal expertise and has represented hundreds of vulnerable road users. With a focus on ensuring timely rehabilitation, speedy repair or replacement of bikes and kit, and securing fair compensation, Nadia is committed to advocating for justice and client rights. Alongside her legal career, Nadia actively participates in national campaigns to benefit vulnerable road users and acts as a Trustee/Director for the national cycling charity, Cycling UK. Nadia was named in Cycling UK’s ‘100 women’ and was a founding member, now running a women’s cycling group, TeamGlow in South Manchester. Among her many achievements, Nadia takes pride in her spot on BBC Breakfast, where she provided expert commentary on long term government funding for pothole repairs.

Caroline Morris

DIRECTOR OF SERIOUS INJURY

Caroline has specialised in personal injury for over 25 years, recovering more than £56 million in damages during that time, to help clients rebuild their lives after injury.

Caroline is committed to achieving rehabilitation options early, meaning her clients benefits from the best care and treatment at the earliest stage possible.