A pothole is a potential hazard for all road users, but cyclists are particularly vulnerable. This guide examines who might be eligible to make a cycling pothole claim. We examine who owes the duty of care to repair the roads, whether that be local authorities or Highways England, and how their failure to uphold this duty can result in a cycling accident and cause a serious injury.
Making cycle accident claims will require evidence. That is why we have provided a list of possible supporting evidence you could use for your claim. You will also find information on how personal injury compensation is calculated under the two heads of loss to address the different ways your injuries have affected you.
Our final section details the type of No Win No Fee contract offered by our panel of expert personal injury solicitors, and how you could benefit when instructing a legal representative to represent you under these terms.
To learn about what your potential personal injury claim could be worth, or to enquire further about the claims process, talk to one of our friendly and dedicated advisors. You can reach the team at any time using the contact information given here:
- Call us on 0333 000 0729 to discuss a claim for pothole damage and injury.
- You can also contact us through our website.
- Finally, click the live chat button at the bottom of your screen.
Select A Section
- How Do I Make A Cycling Pothole Claim?
- What Bike Accident Injuries Could You Claim For?
- Gathering Evidence To Support Your Pothole Claim
- How Much Could My Cycling Pothole Claim Be Worth?
- How To Start A Cycling Pothole Claim
- Discover More Bike Accident Claim Resources
How Do I Make A Cycling Pothole Claim?
The party responsible for maintaining the road owes a duty of care to all road users. We will examine this in greater detail below, but we have set out the general eligibility criteria to make a cyclist pothole claim here:
- The party responsible for maintaining the road owed a duty of care to you as a road user.
- They breached this duty through their failure to adequately maintain the road.
- As a result of this breach, an accident occurred in which you sustained a physical injury and/or mental damage.
Liability For Pothole Accident Claims
As per the Highways Act 1980, there is a duty of care placed upon those with a responsibility to maintain the highways. What this means is the responsible party needs to ensure the roads are maintained in a way that allows ordinary traffic to pass without danger. The repair of potholes forms a part of this. A cyclist is at serious risk of injury if this duty is not upheld, and the pothole left unrepaired.
Different parties are responsible for different roads. So, the local authority maintains local roads, while the motorways and major A roads are the responsibility of Highways England. Since cyclists are prohibited from travelling on motorways and some dual carriageways, pothole claims are generally made against the local authority.
Time Limits In Cycling Pothole Accident Claims
In most personal injury cases, there is a limitation period of 3 years from the accident date, as per the Limitation Act 1980. However, there are circumstances when the general limit could be paused or extended. For example, those who were under 18 at the time of the accident will have the limitation period counted from their 18th birthday. If the injured persons lack the mental capacity to claim for themselves, this time limit is frozen altogether. In these scenarios, a suitable adult may apply to act as or be appointed as a litigation friend and begin the claim on behalf of the injured person while the time limit is frozen.
For further advice on the eligibility criteria and the time limits or to get a free assessment of your eligibility to claim compensation, contact our advisors today. The team are available 24/7 using the details provided above.
What Bike Accident Injuries Could You Claim For?
Cyclists are considered road users requiring extra care. This is due to the fact a cyclist is much less protected from hazards than the driver of a car. Hitting a pothole, therefore, can result in serious injury. We have provided this list of possible injuries that could be compensated in a successful cycling pothole claim:
- A serious brain injury or other head injuries.
- Broken bones.
- Damage to the spine and neck.
- Psychological damage.
- Minor injuries, such as lacerations and soft tissue injuries.
A pothole could cause a cycling accident in a number of different ways. For example, hitting a pothole on a corner could cause a cyclist to lose control and swerve into the oncoming lane resulting in a collision with a vehicle and a serious head injury. Hitting a pothole at low speed could cause a cyclist to fall from their bike and lacerate their leg.
For further guidance on the sorts of injuries you could claim compensation for, talk to our advisory team using the contact details listed above today.
Gathering Evidence To Support Your Pothole Claim
As part of your personal injury claim, you will need to gather evidence. Your evidence will be used to demonstrate the fault of the local authority or Highways England, as well as the extent and effects of your injuries. A few examples of the evidence you could use have been given here:
- Your first priority after any accident should be to seek proper medical attention. Your health and well-being have to be the first priority. Furthermore, you can request copies of the medical documents, such as any scans that were performed. Medical records can help to show what injuries you sustained.
- Keeping a diary during your medical treatment, making particular reference to your physical and mental symptoms, can be a very useful way to demonstrate the effect your injuries had on you.
- If available, you can request CCTV footage of the accident occurring. This can be very useful in showing how the accident took place and what caused it.
- You could also get footage from a dashcam or similar devices that took footage of the accident.
- If possible, take pictures of the potholes and your injuries.
- Anyone who saw the accident take place could be a potential witness. Make sure you take down their contact information so their statement can be taken during the claims process.
Working with a solicitor will be of considerable benefit when gathering evidence for your claim. Their knowledge and expertise will not only help you gather sufficient evidence but also ensure your claim is brought within the relevant time limit.
Talk to our advisors today to find out if you have a valid claim. Once they have assessed your eligibility and decided you have valid grounds to proceed, a solicitor from our panel of personal injury experts could take on your claim.
How Much Could My Cycling Pothole Claim Be Worth?
Compensation in a successful cycling pothole claim can be awarded under two heads of loss. Pain and suffering from any physical and/or psychological harm will be compensated for under general damages, whereas monetary losses stemming from your injuries could be compensated under special damages.
Calculating a potential compensation figure is something a solicitor could assist you with if you instruct one to represent you. Those who are assigned this duty can make reference to any medical documents you provide, alongside the Judicial College Guidelines (JCG). This publication contains compensation guidelines for various injuries. You can see some relevant figures from the JCG, aside from the top entry, here.
Compensation Table
Please be advised that we have included this table to act as a guide only.
| Type of Injury | Severity | Guideline Compensation Amount | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries with Monetary Damage | Very Serious | Up to £1,000,000 and above | Compensation for the mental and/or physical pain and suffering of multiple very serious injuries as well as financial losses for lost income, care costs and medical bills. |
| Injuries Involving Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Paralysis of the upper and lower extremities. An example towards the middle of this bracket would be where the injured person does not experience any physical pain, has retained their senses and has a life expectancy in excess of 25 years. |
| Paraplegia (b) | £219,070 to £284,260 | Paralysis of the lower extremities. A number of factors influence awards for paraplegia, such as the level of independence, psychological effects, pain level and impact on sexual function. | |
| Injuries Resulting From Brain Damage | Very Severe (a) | £282,010 to £403,990 | Little to no response to the environment or language function, double incontinence and the need for full time nursing care. |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Awards for epilepsy will depend on the impacts on daily life, associated behavioural issues, and the success of medication in controlling the attacks. |
| Neck Injuries | Severe (a)(i) | In the region of £148,330 | Cases associated with incomplete paraplegia or permanent spastic quadriparesis. |
| Leg Injuries | Severe (b)(ii) | £54,830 to £87,890 | The injured person will be experiencing permanent mobility problems and require walking aids for the rest of their life. |
| Back Injuries | Severe (a)(iii) | £38,780 to £69,730 | Disc lesions or fractures or soft tissue injuries which result in chronic conditions. |
| Arm Injuries | Substantial and Permanent Disablement (b) | £39,170 to £59,860 | Serious fractures of one or both forearms resulting in permanent disability. |
Special Damages
As we said above, certain costs you incur due to your injuries could be compensated under special damages. We have provided some examples of such costs here:
- Medical expenses such as prescription medication, therapy sessions, counselling or other costs for medical care.
- A cycling accident could affect your ability to drive. You could claim reimbursement for the cost of transport to and from work.
- If your mobility has been affected, such as a back or leg injury, you may need some modifications to your home. The cost of an access ramp, stairlift or modified shower could be included as part of your compensation.
- A loss of earnings due to you taking medical leave from work.
- Bike repair costs if your bike was damaged in the accident in which you suffered an injury.
You will need evidence to prove these losses, such as payslips, receipts, and invoices.
For a more personalised estimate of the potential value of your cycling pothole claim or to ask any questions you may have about how personal injury compensation is calculated, use the contact information below. Our team is available around the clock to answer any questions you might have.
How To Start A Cycling Pothole Claim
Contact our advisors to get the validity of your potential claim assessed free of charge. If it is decided you’re eligible to begin a cycling pothole claim, you could be put in touch with a solicitor from our panel of personal injury experts.
The type of No Win No Fee contract offered by our panel of experts is called a Conditional Fee Agreement (CFA). A CFA offers claimants some notable protections when they instruct a solicitor to represent them under these terms. In most cases, there are no fees to pay upfront or during the actual claim for the solicitor’s work. You will also not pay a fee for their services should the claim fail.
A successful claim will see you awarded personal injury compensation. A percentage of this compensation will be deducted by the solicitor as their success fee. Success fee percentages are subject to a legally binding cap, so you will be keeping the majority of any payout you receive.
To learn about what your potential personal injury claim could be worth, or to enquire further about the claims process, talk to one of our friendly and dedicated advisors. You can reach the team at any time using the contact information given here:
- Call us on 0333 000 0729.
- You can also contact us through our website for guidance on pothole claims.
- Finally, click the live chat button at the bottom of your screen.
Discover More Bike Accident Claim Resources
You can browse some of our other bike accident claims guides for more information:
- You can learn about potential public liability claim payouts by reading this guide.
- Find out the eligibility criteria to begin cyclist claims against motorists and how compensation for such claims is calculated here.
- Read our guide to cycle accident claims by following this link.
We have also included these external resources that you may find useful:
- Access cycle safety advice from THINK! here.
- You can report a pothole to a local authority using the Government portal.
- Read the NHS guidance on how you can tell if you’ve broken a bone on their website.
Thank you for reading this guide to making a cycling pothole claim. For more information to get a free assessment of your eligibility to claim, contact our advisors using the details provided above.
