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Pothole Claim

Potholes can cause problems to all kinds of road users. For cyclists in particular, they can be incredibly dangerous.
If you have been injured after hitting a pothole whilst cycling, we are here to provide you with assistance.

Since 1988, our legal team have successfully represented thousands of cyclists who have been involved in an accident resulting from a pothole. For these cyclists, we have gone on to obtain compensation for not only the injuries sustained, but also for other costs including loss of earnings, medical assistance, and damage to the bike and kit.

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How to Claim for Pothole Damage?

In the majority of cases, we can assist you with a claim at no initial cost to you. Almost all of our cyclist pothole claims are funded through a Conditional Fee Agreement. More commonly known as a no win, no fee agreement, this will mean you will only pay for our services if you are successful in your claim.
We are cyclists ourselves at Cycle SOS, and know full well how problematic potholes can be.

Led by solicitor, Paul Darlington, who has in the past worked closely with Cycling England, the Cycling Demonstration Town project and has provided consultancy services to CTC – The National Cycling Charity, we regularly campaign about the presence of potholes on Britain’s roads.

How Deep does a Pothole have to be to Claim?

One of the problems with potholes is defining exactly what constitutes as one, and this varies depending on the local council.[read more]

In Gloucestershire, a hole in a road must be the depth of a “golf ball” (1.6in/40mm) and the width of a “large dinner plate” (11.8in/300mm) before the county council will regard it as a pothole.

Worcestershire county council will accept a smaller “dinner plate” width hole (7.9in/200mm) in surface area, while requiring the hole to be the depth of a “fist” (1.6in/40mm).

To assist residents in Coventry, Coventry City Council has devised what it calls an “easy way to remember” what it deems the depth of a priority pothole; “a pound coin and a 1p coin side by side” (1.6in/40mm).

However, the code of good practice should be that anything that is 0.8in/20mm or above in depth, should be investigated.

What causes a pothole?

A pothole is a defect in the road, which is predominantly caused by water and traffic. The presence of water in the soil structure beneath the road, causes the surface of the road to weaken and expand.[read more]

Frost can also sometimes be a factor in the road weakening. Traffic frequently passing over these weak areas, will eventually cause the road to break down and a pothole to form.

Potholes can also be caused by roadworks and maintenance by utility providers. Opening up roads to repair water and electricity lines, gas pipes and communication cables, can often weaken and crack roads, and cause potholes to form.

Unfortunately, Britain’s roads are blighted by potholes. It is estimated that 295 square miles of potholes exist on the nation’s roads.

Who is responsible for the Repair of Potholes?

The responsibility of the repair of potholes lie with the local Highways Authority, this will usually be a county, city or borough council. However, councils do not have a duty to immediately fix every defect in the road, as it could be that they were unaware of the problem.[read more]

Section 58(d) of Highways Authority 1980 states that a council will only be liable where the authority knew, or could have reasonably been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway.

Despite this section of the law ruling favorably to councils, we have over 25 years’ experience in handling pothole claims for cyclists and significant expertise in bringing claims against local Highways Authorities.

With this experience and expertise, we will fight tirelessly to obtain justice for you. With previous clients, we have worked to get the council in question to accept responsibility and secure a settlement for the cyclist affected by the accident.

Pothole Claims Against Council (case study)

The cyclist in this matter was injured when his bicycle wheel went down a pothole in the road. The cyclist was thrown from his bicycle and landed on the ground hitting his left arm and leg.

The cyclist attended his GP Surgery the following day where he was given advice regarding his injuries.

After seeking assistance from our specialist claims solicitors, we arranged for a second general expert to examine the claimant and prepare a medical report. The report confirmed that the injuries had been sustained in the injury described by the cyclist.

The local borough responsible for maintaining the road denied that they were liable for the accident throughout the course of the claim but the solicitor in this case fought to secure a settlement for the injured cyclist in the sum of £1375.

Each case is different and this is only one example of a cyclist pothole claim. Your injuries may be more or less severe and the circumstances surrounding your accident will undoubtedly differ.

For further information on how we can be of assistance to you, or to begin your claim, call us for free on 0808 100 9995 and talk to one of our specialist solicitors. We are here, 24 hours a day, 7 days a week and our team is ready and waiting to provide assistance.

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All our lawyers are specialists in personal injury litigation and are supported by a national network of medical expert and accident investigators.


  Our team are cyclists themselves

  No Win, No Fee

  Over 25 years representing cyclists

  We recover your loss of earnings

MAKING A BIKE ACCIDENT CLAIM IS EASY

1

One of our experts gives you a quick call to get the information they require

2

We evaluate your case and begin proceeding on a No Win No Fee basis

3

If successful, you receive a cash sum. Our average payout is £22,0001