Call for a free consultation today

Why Every Cyclist Should Know Their Rights When it Comes to Pothole Damage Claims

Every cyclist should know their rights when it comes to pothole damage claims. Potholes can be a huge nuisance and cause serious damage, which can also lead to injury as well. Making a successful pothole damage claim from a council is essential for any rider who finds themselves in this situation. So what do you need to know? How do you go about filing a claim? Who pays for these damages? In the unfortunate event that you are injured as the result of a pothole while cycling, it’s important to understand your rights.

What is a Pothole Damage Claim?

A pothole damage claim is a legal action taken by an individual or group of individuals against the responsible party for damages caused by a pothole. When a cyclist experiences injury or property damage due to a pothole, they may be able to file a claim for compensation from the responsible party.

Types of Pothole Damage Claims:

There are two types of claims that can be made when it comes to potholes; personal injury claims and property damage claims. Personal injury claims involve medical expenses, lost wages, pain and suffering,costs incurred for medical equipment and rehabilitation etc. Property damage claims involve the repair or replacement of damaged items, including bicycle frames, wheels, helmets and other costs associated with repairs/replacements.

If a cyclist suffers an injury or damage to their bike because of a pothole, it is important that they understand their rights so that they are able to secure their rightful compensation. Pothole damage claims can be complex and require knowledge of the law, which is why it’s always wise to seek advice from a specialist bike injury solicitor first. 

Key Takeaway: Cyclists should be aware of their rights when making pothole damage claims. These include personal injury and property damage claims, which can result from inadequate road maintenance. Knowing your rights can help ensure you receive proper compensation.

 

Who is Responsible for Paying for Pothole Damage Claims?

When it comes to pothole damage claims, cyclists have the right to seek compensation for damages caused by these dangerous road defects. Local authorities are responsible for maintaining roads and paths, while private landowners must also maintain any roads or paths on their property.

Local authorities have a duty of care to maintain all public highways: It is the responsibility of local authorities such as city councils or county councils in England and Wales, Transport Scotland in Scotland, or Department for Infrastructure (DfI) Roads Service in Northern Ireland to ensure that all public roads are kept safe from potholes. Roads should be regularly inspected and any damage repaired quickly before it becomes a hazard for cyclists. When a local authority fails to maintain the roads, they can be held liable for injuries and damages caused by potholes and other road defects.

It is important for cyclists to know their rights when it comes to pothole damage claims, and who is responsible for paying for them. Knowing this information can help cyclists understand the process of making a successful claim and seek legal advice if necessary. 

Key Takeaway: Cyclists have the right to seek compensation for damages caused by potholes. Local authorities have a duty of care to maintain roads and paths. 

 

How to Make a Successful Pothole Damage Claim?

Potholes are a common hazard for cyclists, causing damage to bikes and sometimes even injury. It is important for cyclists to understand their rights when it comes to making pothole damage claims. The following steps can help make the process of filing a successful claim easier:

Documenting the Incident and Collecting Evidence:

You should document as much information about the incident as possible in order to have a successful claim. Make a note of when and where your accident occurred, take photos of the pothole or other hazardous conditions, and gather any witness statements. For authorities or insurance companies to take your claim seriously, all of this evidence is needed.

Attention cyclists: don't let potholes ruin your ride! Know your rights and follow these steps for making a successful claim. #BikeSafety #PotholeHazards 🚴‍♀️🛣️

Depending on where you were riding at the time of your accident, there may be different organisations responsible for maintaining roads or paths in question. If you believe that negligence was involved in causing your accident due to poor road maintenance then it is important that you seek the advice of an experienced legal professional. Oftentimes, local authorities and Highways Agencies will just say they never knew about that road defect, or it wasn’t present at their last inspection. Cycle SOS can assist you in gathering all the evidence needed to ensure your claim is successful. Simply call us on 0808 100 9995 to start building the best case.

Key Takeaway: It is important for cyclists to document the incident, collect evidence and file an official complaint with the appropriate authority in order to have a successful pothole damage claim. Evidence such as photos of the pothole, details about time and location, and witness statements can help make your case stronger.


Conclusion

It is important for cyclists to understand who is responsible for the damages, how to make a successful claim, and what constitutes a valid claim after an accident caused by a pothole. These key points will help cyclists receive the compensation they deserve while also staying safe on the roads.

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.

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.