The amount of potholes in the UK are on the rise, according to recent reports, especially in suburban areas, where the urgency to fill road potholes is not as pressing as in UK cities. The appearance of new potholes in suburban areas has led to a rise in pothole claims, mostly from cyclists who have been injured by these potholes. The appearance of potholes in roads is usually the local council’s responsibility. If you are a cyclist and feel that you have suffered damage to your person or to your bicycle due to a pothole in a road, then you may well be entitled to compensation for this. The following article tells the story of two cyclists who are injured due to a pothole in their area. The first is not aware that he may make a pothole claim for his injury and damage, the second is. It is hoped that these case studies will raise awareness about potholes amongst cyclists and show that you can make a pothole claim if you have had an accident because of one.
James was riding his bike in Sidcup, just outside London, when he injured himself by riding over a hidden pothole in the road. He did substantial damage to his bicycle and also propelled himself headfirst over the handlebars, dislocating his shoulder and tearing the surrounding ligaments. Leading an active lifestyle as a gym instructor, this injury put James out of work for a month. James also had to pay nearly £400 to repair his bike. Although James’ injury and bike damage was caused by a pothole in the road – something which made the road unsafe to cycle on, James put the whole incident down to bad luck. The £400 he spent on repairing his bike meant that he was unable to go on holiday with his friends. He also lost wages he normally earned as a personal trainer at his gym outside of working hours. In total, the pothole James had ridden into cost him £795.
Robert, from Barnes, had been riding to work as a legal assistant when he rode into a pothole. Robert’s injuries were, luckily, not very serious and mainly superficial. He sustained a cut to the left of his forehead and various bruising and cuts elsewhere. However, his bike was completely ruined. Robert had managed to jump off the bike before it went into post box. The handlebars were completely twisted the chain was twisted and broken and the front wheel had been extensively damaged. Robert was furious, as he had recently bought this new bike, being a keen cyclist. The bike had cost him £3,500 and he estimated that he would have to pay at least £1000 for the damage caused by the pothole.
Robert continued to work and got on with his working day. However, on returning home, he decided to do some internet research about whether or not he could make a pothole claim. He considered that the situation was rather similar to any type of accident claim – he had suffered a substantial cost at no fault of his own. He began to read about ‘sufficient up keep of public footpaths and roads’ and thought that a pothole as big and as dangerous as the one he had cycled into should have been repaired. Robert thought that his local council should be held responsible for this negligence and pay for the damages to his bicycle.
With this in mind, Robert got in touch with some solicitors who were very helpful. They agreed that the pothole was a danger to the residents and visitors of the area and that the council should have done something about it sooner. Robert decided to take a photograph of the pothole to strengthen his case for making a pothole claim. Robert went on to win the full amount of his compensation. This meant that he was able to repair his bike at no cost to himself.
Together, these two case studies illustrate the importance of making a pothole claim and how doing so can help cyclists to get back on track.
