Here’s what you should do if you are involved in an accident caused by a pothole, or other highway defect.
Health and medical should be your main priority following a pothole accident. Dismounts due to potholes entail a high possibility of landing forcefully on the head, face and shoulder. For this reason, it is of prime importance that you call an ambulance for assistance if anything’s displaced or you’re possibly concussed.
Head injuries can be subtle and are even missed in A&E from time to time, so if you’re feeling unsteady, nauseous, bewildered then time is everything. Don’t take a chance and think you’ll do it tomorrow, there might not be one.
Highway defect claims are difficult. Generally, highway authorities deny all claims of this nature. With this being the case, make sure to take images of the defect (in the context of its location with a landmark or ‘datum point’ in the jargon visible) plus measurements: length, width and depth. The professional way of doing this may be improvised with a straight edge across the defect, a ruler and/or a tape. It’s called pothole profiling and for a defect to be actionable it has to have a surface dimension of 300mm or more, a sharp lip and a depth of 40mm or more.
Anything which suggests a longstanding defect will only help your case. For instance, vegetation forming, cigarette butts, or bottle tops all indicate that the pothole has been evident for a while. If possible, ask any local residents or shopkeepers how long the defect has been there. If the answer is ‘months’ then take the person’s name and contact details. Some defect victims have been known to return to the scene, particularly in semi-rural areas with a chair and accost pedestrians and dog walkers with the same question.
The reason for doing this is that the highway authorities will most likely say that they inspected the area recently and there were no defects present. Providing witnesses can help to provide a defence to any claim that the defect is a recent occurrence. Try to avoid reporting to the council for a while (if at all) and revisit the scene of the accident at a later date(s) to see if anything is actually done. Each time you do this, be sure to record the date and time you visited the scene, and a photograph always helps.
Potholes can cause problems to all kinds of road users. For cyclists in particular, they can be incredibly dangerous. It’s no surprise, in fact, that so many cyclists submit a claim for pothole damage, either against their local authority, or private landowners who may not maintain their property correctly.
If you’ve been injured after hitting a pothole whilst cycling, or even if you’ve emerged unharmed but your bicycle has suffered serious damage, it’s only natural to seek legal advice, and potentially look at claiming compensation.
At Cycle SOS, our legal team have successfully represented, since 1988, thousands of cyclists who have been involved in an accident resulting from a pothole. For these cyclists, we have gone on to obtain compensation from the authority responsible for not only the injuries sustained, but also for other costs including loss of earnings, medical assistance, and damage to the bike and kit.
FREE INITIAL CONSULTATION WITH OUR SPECIALIST CYCLING ACCIDENT SOLICITORS
Contact:
Cycle SOS is a trading name of Fletchers Solicitors Limited, registered office St James’ Tower, 7 Charlotte Street, Manchester M1 4DZ, company no 5743784. Fletchers Solicitors Limited is authorised and regulated by Solicitors Regulation Authority, SRA number 469026.
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 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 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 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 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.