CYCLIST POTHOLE CLAIMS

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.

What constitutes a ‘pothole’? 

There is no agreed definition of a pothole.

One suggested definition is that they are ‘isolated failures in a road, footway or cycleway that have caused a sizeable hole.’ But issues arise when trying to form an agreement as to the precise size and cause of a pothole. 

 

How to Claim for Pothole Damage?

In the majority of cases, we can assist you with a claim for injuries caused by an accident involving a pothole 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 (as was), we regularly campaign about the presence of potholes on Britain’s roads.

Our freephone helpline is available 24/7: 0808 100 999 5 or you can request a callback on our website.

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.

“Defining a pothole is something that has been debated by local highway authorities for a number of years. There is no nationally agreed measurement for a pothole, although some authorities have adopted a dimensional definition as a basis for inspection. Others adopt a risk-based approach, where the highway inspector makes a judgement. However, it would seem that the majority of authorities adopt an approach that combines a dimensional definition with risk-based decision making.” Taken from Highways Maintenance Efficiency Programme –Potholes Review’ (April 2012)

We recommend speaking to our experienced team who will be able to advise on the precise measurements to follow based on the local council guidelines for the location of the pothole that has caused your injuries. We can also assist you in gathering the appropriate evidence to give your claim the best chance of success. 

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.

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. Each council follows their own set of guidelines in relation to pothole repairs and the exact protocol can vary.

Our team can provide you with the relevant information for the council your claim would be against. 

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. Our helpline is available 24 hours a day, 7 days a week and our team is ready and waiting to provide assistance.