.svg)
.svg)
Can a cyclist claim compensation for a pothole accident?
In England and Wales, the law allows cyclists to claim compensation for the damage to their bike and for the injuries they have suffered. You can also claim for private medical treatment, physiotherapy and loss of earnings if your injuries prevent you from working. The first thing to establish is which highway authority the claim should be directed to.
Compensation, should negligence be proven, is payable by the local highway authority. Usually, this will be the local council, since council’s are responsible for maintaining most roads in the UK. Highways England is responsible for major A roads, and Transport for London is responsible for greater London area ‘red routes.’
The next thing to consider is whether you can prove that the highway authority was responsible for the incident. This question is not as straightforward as you may think.
Is the highway authority negligent?
The highway authority will not automatically be held responsible for an incident involving a pothole. The law states they must operate a ‘reasonable’ system of inspection and maintenance. The frequency of inspection is determined by the category of the road so busier inner city roads should be inspected more frequently than quiet country lanes.
In many situations, a court may decide that there was nothing the council could have done about the pothole. If they can prove they had a reasonable system of inspection then they will have a complete defence to your claim.
You’ll also need to show that the accident was specifically caused by the pothole and not, for example, by pre-existing damage to your bike. You can usually get something in writing from a reputable bicycle repair shop (that's us) to support this.
What evidence will I need?
If you hit a pothole it is important to gather evidence as quickly as possible as the condition of the road may change or be repaired. You will need to collect evidence to prove your claim, such as:
- Photographs of the pothole including a ruler with clear measurements. Measurements are important as many councils categorise a pothole as dangerous once it is a certain depth or size.
- Photographs of any injuries. It is important for you to take pictures of any injuries you have sustained including all cuts and bruises. You should also take pictures of any damage to your bike.
- Witness evidence from people who saw what happened, as well as people who live or work nearby. Locals can help identify how long the pothole has been present on the road.
- Evidence that the road wasn’t inspected for a significant period of time or the authority knew about the pothole but failed to repair it promptly. You can make a request for a copy of the council’s maintenance and inspection logs.
- Quotes, bills and receipts for repair costs.
- Medical records and independent medical reports if you’re claiming for injuries.
- Google Streetview can also be a helpful tool for figuring out how long the pothole has been in existence.
