Call FREE from a Landline or Mobile on 0800 634 75 75

Pothole bike accidents – Injury Lawyers advice

bike pothole claims

Cycling is a great way of keeping fit, reducing our carbon footprint, and getting around at little to no cost whatsoever; something that’s key given the obscene prices of petrol nowadays. But one huge disadvantage is the lack of protection when it comes to an accident when riding a bike.

Hitting a pothole whilst riding a bicycle can result in some serious injuries. Hopefully you’re wearing a helmet to prevent or reduce any head trauma, but you’d be lucky not to break any bones if you go flying over the handlebars. Some potholes are very hard to spot and simply cannot be avoided.

So if you are the victim of a pothole bicycle accident, what are your rights when it comes to making a claim for personal injury compensation?

The Highways Act 1980

The above legislation puts a duty on whichever local council or authority is responsible for an area of land to inspect and maintain the area. So when it comes to potholes, the duty they have is to have a system of inspection to take all reasonable steps to repair or make safe a pothole.

If a pothole is reported, the duty is to as quickly as possible make safe or repair the pothole.

So if that’s the duty they have, when can you win a claim? How do we prove that they have failed to take all reasonable steps?

Normally a road or pathway needs to be inspected and maintained at intervals that reflect how busy the area is. So a city centre may be inspected every one to three months. A residential country road may only be inspected every 12 months. So whether you can win a claim or not is largely dependent on:

  • When the last inspection of the area was
  • If the pothole has existed longer than the inspection interval
  • If the pothole has been reported

To give you a practical example, if you’re injured on the 5th of January on a road that was last inspected on the 1st of November, and this road is inspected every three months, then the next inspection is due on the 1st of February.

Your accident occurred in between inspection periods, and if the last record indicated that the pothole that caused your injury was not there on the 1st of November – the suggestion is that it has formed sometime between your accident and the last inspection.

But as the next inspection isn’t due for almost a month, the council will defend the claim based on a special defence they have.

They can do this because the law states they only have to take all reasonable steps to prevent an accident, and an inspection regime is classed as a reasonable step. So if you’re injured in between inspection periods, they’ve taken all reasonable steps and will likely defend the claim.

This makes winning a pothole claim quite difficult. But don’t be put off making a claim as there are ways and means we can use to see if their inspection systems are good enough or not. Always get in touch with us and we will see if we can assist you.

IMPORTANT: advice on this page is intended to be up-to-date for the 'first published date'.

Request A Call Back

Fill Out Your Details

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

NHS Email Leak
Search Our Blog
Free Instant Valuation
Compensation Calculator
Instantly Values Your Claim

Instantly value your claim for a head injury!

  Minor    Moderate    Severe

Instantly value your claim for a neck injury!

  Minor    Moderate    Severe

Instantly value your claim for a shoulder injury!

  Minor    Moderate    Severe

Instantly value your claim for an elbow injury!

  Minor    Moderate    Severe

Instantly value your claim for an arm injury!

  Minor    Moderate    Severe

Instantly value your claim for a hand injury!

  Minor    Moderate    Severe

Instantly value your claim for a torso injury!

  Minor    Moderate    Severe

Instantly value your claim for a mid-section injury!

  Minor    Moderate    Severe

Instantly value your claim for a back injury!

  Minor    Moderate    Severe

Instantly value your claim for a leg injury!

  Minor    Moderate    Severe

Instantly value your claim for a knee injury!

  Minor    Moderate    Severe

Instantly value your claim for an ankle/foot injury!

  Minor    Moderate    Severe

Find out how much your injury claim is worth!

Click on the injured body part to get your INSTANT FREE personal injury compensation valuation texted to your phone within seconds...

  Yes    No   Yes    No   Yes    No

Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.

Latest Blog Posts

Loss of limb compensation claims advice

Loss of limb compensation claims advice

Loss of limb compensation claims are naturally serious, and anyone suffering this kind of injury must seek the advice of a specialist serious injury solicitor ASAP. And this is where we come in. As...

Published on the 05/08/2020


Medical negligence compensation claim advice

Medical negligence compensation claim advice

If you need to make a medical negligence compensation claim, we may be able to offer you specialist representation on a No Win, No Fee basis. In this article, we can briefly outline when you could ...

Published on the 22/07/2020


Pelvic mesh inquiry shows patients have been failed

Pelvic mesh inquiry shows patients have been failed

Media coverage of the pelvic mesh inquiry results has led to a new wave of people contacting us for help and advice about No Win, No Fee compensation claims. The brief of the findings is that there...

Published on the 08/07/2020


Chronic pain compensation advice

Chronic pain compensation advice

When it comes to chronic pain compensation claims, the best practices to pursue them and how we calculate the amounts in damages can require a great deal of skill and expertise. As specialist lawye...

Published on the 23/06/2020


Dental negligence compensation claims

Dental negligence compensation claims

We have represented a huge number of people for dental negligence compensation claims on a No Win, No Fee basis, and we may be able to help you too. Here, we will briefly outline when you could be ...

Published on the 09/06/2020


Private treatment with compensation claims

Private treatment with compensation claims

Obtaining private treatment with compensation cases is something that we can offer as part of a No Win, No Fee claim with the expert team here at The Injury Lawyers. There are options for being abl...

Published on the 27/05/2020


Burn injury claims for compensation

Burn injury claims for compensation

Burn injury claims can be some of the most serious types of cases that we take forward for victims on a No Win, No Fee basis. Here’s a little advice about whether you could be eligible to launch ...

Published on the 13/05/2020


Claim compensation for a roof accident

Claim compensation for a roof accident

A roof accident can lead to serious injuries for people and workers alike, and you may be entitled to ...

Published on the 29/04/2020


Cancer compensation claims

Cancer compensation claims

Cancer compensation claims: not an area of our expertise that most people want to have to think about, let alone make use of. But it is important that victims can access some form of justice for what ...

Published on the 15/04/2020


Serious spinal injury compensation claims

Serious spinal injury compensation claims

When it comes to a serious spinal injury compensation claim, there’s a great deal that needs to be considered. Choosing the right law firm to represent you is also incredibly important. In this k...

Published on the 02/04/2020


Categories
Archives