Cycling accidents involving potholes
Contact
Table of Contents
Cyclist Pothole Claims
According to a recent article in the Telegraph there has been a 33% reduction in people cycling since the Covid pandemic peak. Road cyclists who have hung up their wheels say that the state of UK roads, and potholes in particular, are to blame.
If a cyclist is injured as a result of a pothole or defect on the road they were travelling on at the time of their accident, they may be able to pursue a cycling accident claim. With the increased use of e-scooters on London’s roads, with their smaller wheels, potholes are even more dangerous.
It is important to establish who is responsible for the defect or pothole. This is often a county council or unitary authority. In London, it will be the common council in the City of London, or if outside the city, the relevant London Borough. A simple search by area and postcode can assist in identifying who is the relevant authority.
If an accident occurs on a trunk road, then the Defendant will be the Secretary of State.
Section 41(1) Highways Act 1980 provides that “The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty to maintain the highway”.
This duty of care is owed to all members of the public who are using that highway. The duty is absolute but only concerns the fabric of a highway. Maintenance of materials or objects which are not to do with the “fabric” of the highway (such as street furniture) would be excluded. However, in contrast, a duty to maintain drainage would trigger Section 41(1).
How to determine if cyclists can claim for hitting a pothole
- “The Test”: Firstly it has to be shown that the highway was sufficiently dangerous to traffic or pedestrians. Secondly that the dangerous condition was created as a result of the failure to maintain or repair a highway. Thirdly it must be shown that an individual sustained an injury as a result of this failure. All three of these criteria must be satisfied in order to meet the court’s threshold test.
- Dangerous or not?: When determining whether a defect or pothole is sufficiently dangerous, each case will be considered on the individual facts and circumstances. Whilst the courts have failed to give a binding decision as to the specified size of the defect, differences in the level of once inch or more are likely to be regarded as dangerous and unsafe.
- The Statutory Defence: The burden is on the Defendant to prove that they have a defence to a highways claim. If you have been injured as a result of a pothole, you do not have to show that the council failed to take the requisite care. If a highway authority has taken such care as is reasonable, to secure that part of the highway where the accident happened then they will have a defence. A number of factors have to be considered including the character of the highway including the age of the road, its surface and drainage capabilities as well as the traffic that was expected to use it.The standard of maintenance must be appropriate to that highway and the state of repair. Finally, consideration as to whether the highway authority knew about the defect or pothole or could reasonably be expected to know about it has to be borne in mind.When deciding whether an authority “could reasonably have been expected to know” is a question that relates to the maintenance and inspection system that they have in place. An authority has to adopt a system of maintenance and inspection, which includes checking that a complaint book and a system have been implemented, to have a defence to a claim. If a highway authority can show that they inspected the highway within the last 1,3,6, or 12 months (depending on the type of road) and they did not identify or fail to repair the defect that caused your accident then they will escape liability and not be at fault, even though at the time the defect was dangerous.
What evidence do you need to make a cyclist pothole claim?
After an accident, take photographs of the defect itself, in terms of width, height and depth. It is helpful to have a point of reference such as a coin which you can place in the hole or to return with a ruler and take a photograph showing the measurements.
Ensure that you have photographed the size and shape of a defect and remember key points of reference so you know the exact location of the defect. If possible a video is also helpful.
If you instruct a solicitor specialising in cycling accidents, they will request copies of inspection records from the highway authority for 5 years prior to an accident, as well as maintenance records from the highway authority for the same time period. Details of any previous complaints ought to be obtained, both in terms of the overall condition of the highway as well as the specific defect. Minutes of meetings from the highway authority and engineering reports relating to the site are also relevant. Copies of medical records will be obtained from both the Claimant’s GP and hospital.
We will never know at the outset of a claim if we will succeed and we have to wait for the council’s disclosure before advising a client on prospects of success.
What types of injuries can I claim for?
We have helped clients claim for a wide range of injuries including:
- Ankle Injury Claims
- Arm Injury Claims
- Back Injury Claims
- Elbow Injury Claims
- Finger Injury Claims
- Hand Injury Claims
- Hip Injury Claims
- Knee Injury Claims
- Leg Injury Claims
- Neck Injury Claims
- Shoulder Injury Claims
- Wrist Injury Claims
Why Choose Osbornes Law to make a claim?
Osbornes Law specialises in cycle accident claims and has a proven track record of helping cyclists secure compensation after being injured in pothole accidents. As the legal partner to the London Cycling Campaign (LCC), Osbornes Law is committed to protecting the rights of cyclists and ensuring they receive the support and compensation they need.
Our personal injury lawyers have successfully recovered millions of pounds for people whose lives have been devastated by serious and life-changing cycling injuries and for the families of those tragically killed whilst cycling.
Our main focus is on giving you all the support you need throughout your recovery: getting you the best rehabilitation and financial package for your needs, including interim payments throughout the course of your case, and where possible getting you back on your bike.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
What you should do following a cycling accident
Contact us about a Cyclist Pothole Claim
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Accreditations
"Lauren is hugely energetic and always pleasant to deal with."
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
Osbornes Solicitors always responded promptly to any request for information I had.
"Your help and service has been excellent; timely responses and robust attention to detail have made the task for us very easy and straightforward. Thank you, all your work much appreciated and you have been a fine representative for Osbornes."
Elspeth was unfailingly kind, responsive and very patient. At times she was like a counsellor. She is a star.
Cycling News & InsightsVIEW ALL
- 25.7.2024
Cycling Accident Claims: Client Stories
Below are details of various cases handled by Osbornes specialist cycle accident claims team including the payouts clients have received...
Read more - 6.6.2023
Cyclists Claim After Hit-and-Run
Successful claim by cyclist injured after a hit-and-run In this hit-and-run claim, Our client had been playing volleyball in the...
Read more - 28.2.2023
Do you have to wear a bike helmet?
Should bike helmets be mandatory in the UK? Recently, Dan Walker was involved in a nasty collision with a motorist...
Read more - 25.7.2022
Cyclist Hit by Range Rover Claims £30k Compensation
Cyclist hit by 4×4 receives compensation Andrew Middlehurst, a lawyer in the specialist cycling injuries team at Osbornes Law, recently settled...
Read more - 30.5.2022
Cyclist Claims £70k for Wrist Injury
Injured London Cyclist Claims Compensation Cycling accident lawyer, Laura Swaine, recently settled a claim for an injured cyclist who sustained...
Read more - 5.5.2022
Top 10 Major Highway Code Changes for Cyclists
New Highway Code rules for cyclists At the end of January 2022, the Highway Code was updated to make British roads...
Read more - 4.5.2022
Bike Accident Insurance Claim
Settlement reached for cyclist after insurers deny liability Personal Injury specialist, Laura Swaine, recently settled a cycling injury claim following...
Read more - 25.1.2022
Cyclist Hit By Taxi Claims £130k Compensation
Taxi Accident Claim Settled for £130k Andrew Middlehurst, a specialist cycling injury lawyer, has settled a claim for a cyclist...
Read more - 20.1.2022
Knocked off your bike? What to do next
Now more than ever before, people are embracing the pleasures and benefits of cycling in and around London. Unsurprisingly, the...
Read more - 16.9.2021
The law around E-bikes and E-scooters explained
Why are electric bikes legal but not scooters? E-bikes and e-scooters are the new rides on the block. To many,...
Read more - 14.9.2021
Dooring Accident Claim Settled for £70k
Claim for Car Dooring Accident Settles for £70,000 Andrew Middlehurst, specialist bicycle accident lawyer at Osbornes Law, has settled a car...
Read more - 17.5.2021
Cyclist Hit by Van Receives Compensation
Spanish cyclist receives compensation for South London bike accident Blanca Diego, a bicycle accident solicitor in the Osbornes Personal Injury...
Read more Cyclist Claims for Shoulder Injury
London Cyclist wins £100,000 compensation following crash Andrew Middlehurst recently settled a case for a cyclist who injured his shoulder and...
Read more- 31.12.2020
Bike Boxes – what are the rules?
Cycle boxes at traffic lights I read a post recently on a London cycling forum in relation to some confusion...
Read more - 2.11.2020
Highway Code changes just the start in protecting...
The 2020 changes to the Highway Code do not go far enough to change driver behaviour and protect cyclists and pedestrians,...
Read more - 27.8.2020
Cyclist receives compensation for broken back & pelvis
An avid cyclist had his ‘body broken’ and was left unable to walk unaided for almost a year after a...
Read more - 27.7.2020
Cyclist whose career nearly ended following collision
As reported in the evening standard, a jewellery designer and maker to the stars had his career almost ended when...
Read more - 11.5.2020
Can Cycle Helmet Camera Footage be used as...
Introduction to Bike Cams for Cyclists Have you ever been cut up by a van turning left? Or been riding...
Read more - 7.5.2020
Boom time for bikes – London Mayor’s new...
Transforming London’s Streets for Post-Lockdown Commute Yesterday Sadiq Khan unveiled his ‘London Streetspace’ programme designed to transform London’s...
Read more - 26.11.2019
Do I need insurance for cycling?
No legal requirement for cyclists to hold insurance There is no legal requirement for cyclists to hold insurance cover in...
Read more - 31.5.2019
Intimidatory driving to become breach of traffic law?
A new driving offence of ‘intimidatory driving’ is being considered by the government to crack down on close passes by...
Read more - 11.5.2019
Can a ‘bike backie’ get you in trouble?
London’s controversial mayor Boris Johnson has been caught by The Sun newspaper giving his lawyer wife Marina Wheeler a...
Read more - 25.3.2019
How Dangerous is Cycling in London?
Personal Anecdote I acted for a client whose sensible reaction to the London Underground bombings of July 2005 was to get...
Read more - 14.2.2019
Cyclists, Roundabouts and the Highway Code
The Highway Code is more than just a guide to how to pass your driving test. It is intended to...
Read more