If you’ve had a cycling crash due to a pothole or road defect, accurately pinpointing the location is crucial. This is not just for reporting purposes in order to get them repaired but also when making a claim for an injury following a crash. As a personal injury solicitor, I need to give a precise description of where the defect is when making a claim for my clients. Providing the exact location helps ensure clarity when reporting to the local authority directly or through pothole reporting apps.
Helpful ways to Identify a Pothole’s Location:
- House number or business address close by
- Telegraph poles (which often have unique identification numbers)
- Landmarks, such as a distinctive tree
- GPS coordinates or what3words location tags
- Pothole reporting apps like Fill That Hole, which allow precise location marking on a map inside the app
How Local Authorities Handle Pothole Claims
When a compensation claim is submitted due to injuries caused by a pothole, local authorities respond in one of two ways:
- Admit Responsibility: They accept the claim and agree to compensate.
- Deny Responsibility: They must explain why they believe they are not liable, often citing road inspection policies or disputing the severity of the defect.
A key issue arises when local authorities are given vague location descriptions, such as “by the post box” or “before the bridge.” These imprecise references can prevent contractors from identifying the correct defect, leading to:
- Missed repairs
- Repairs to the wrong defect
- Inaccurate record-keeping of repairs
The Impact of Ambiguous Reporting
My argument is that if a local authority cannot identify the exact defect, they might argue they had no notice of the danger and were therefore not obligated to repair it. This can compromise their ability to actually rectify the problem and weaken the prospects of success in a compensation claim. On the other hand, if a highways inspector records an unclear location, it can undermine the authority’s defence against a claim.
These highways claims are difficult to win but we have a good track record of success. We care. We want to make a difference. If the roads were repaired then these incidents would not happen. These incidents usually happen because of a lack of maintenance and repair or because of poor quality repairs which fail. The Courts have said that a lack of local authority funding is not a defence to compensation claims. We report road defects when we can to try and help local authorities in targeting their resources to the worst defects and those likely to cause the most damage and the worst injuries to the most vulnerable road users.
The Role of Third-Party Reporting Apps
There are multiple ways to report potholes, including:
- Phone, email, or in-person
- Council websites and online portals
- Third-party apps such as Fill That Hole, FixMyStreet, Love Clean Streets etc
However, some local authorities do not accept reports from third-party apps. This can lead to:
- Authorities claiming they had no notice of the defect
- Responsible cyclists and others reporting defects feeling their efforts to improve road safety were ignored
The Problem with Inconsistent Reporting Systems
Reporting directly through a local authority’s portal often involves creating an account, setting a password, and logging in, which can discourage reporting. Furthermore, many local systems lack public access to historical reports, preventing transparency and accountability.
Third-party apps often provide public access to previous reports, which can help build evidence in injury claims as well as putting pressure on local authorities to fix the issues. However, one significant limiter is that not all authorities accept these reports, creating inefficiencies and duplicated effort.
A Call for a Unified, Accessible Reporting System
A recent Freedom of Information request which we carried out revealed that 37% of local authorities do not accept reports from third-party apps. This creates unnecessary administrative duplication and gaps in reporting and in some cases reports not being made as it’s ‘too much hassle’.
We call for a unified, accessible national pothole reporting system where:
- Everyone can easily report defects
- Local authorities receive timely, accurate reports
- The most hazardous defects can be repaired swiftly
- Historical data can be accessed
On third party apps you can obtain historical information and that can help build evidence once someone has had a crash. It is unfortunate that there is not one single place which works as a reporting tool to ensure the report reaches the right person and which also feeds into a historical record of a road. The cynical might think there is a reason for this. Indeed, one local authority has told us that after accepting reports from Fix My Street from May 2023, they received 88% more reports of problems.
Help Make a Difference and report road defects
If you can, please take the time to report road defects directly to your local authority in an accepted format and also log them on public platforms like Fill That Hole or FixMyStreet to ensure a public record is maintained. Together, we can make our roads safer for everyone.
