Cycling Pothole Claim – Bike Accident Compensation

Welcome to our guide on making a cycling pothole claim. Potholes can be hazardous to vulnerable road users such as cyclists. Different parties have overall responsibility for the different types of roads in Britain. However, if the responsible party has not correctly maintained the roads, cyclists can be injured by hitting a pothole.

If you have been injured in a pothole bike accident, you might be eligible to make a cycling claim. In this guide, we examine what the cycling accident claims eligibility is. Furthermore, we provide information about who has responsibility for maintaining certain types of roads. Additionally, we take a look at what evidence could help support pothole claims.

You may also want to know how compensation could be awarded if your claim succeeds. We discuss how settlements are awarded for a pothole damage claim.

To conclude, we explain what No Win No Fee means and how a solicitor can offer this type of funding arrangement to support your claim.

Talk to a member of our advisory team to find out if you could claim compensation for a cycling accident. Advisors are available 24/7 to discuss pothole claims.

  • Call our team on 0161 696 9685.
  • Request a call back by completing our ‘contact us’ form.
  • You can also talk to us through our live chat pop-up.

A cyclist sits on the ground after falling of a bike. The hold their knee in pain.

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Can I Claim For A Pothole Bike Accident?

Roadways may be the responsibility of a local authority, National Highways or a private occupier. Under the Highways Act 1980 parties responsible for maintaining a highway owe a duty of care to those using the highway.

The Occupiers’ Liability Act 1957 creates a similar duty of care for private road ways, such as supermarket car parks, private roads and similar spaces.

A roadway should be maintained in a way that ordinary traffic, such as a cyclist, can use the road without it being dangerous to do so. This duty may mean that potholes or other road defects should be fixed. Failing to fix a pothole or road defect could be a breach of duty of care.

Depending on the type of road the cycling accident took place on, different parties may be liable for your injuries. We will explore this further in a subsequent section of the guide. However, whichever type of road you were injured on, you will need to prove that:

  • You were owed a duty of care by the party responsible for road maintenance.
  • That they have breached this duty of care in failing to correctly maintain the road.
  • That you were injured as a result of this breach.

What Is A Pothole?

A pothole may be defined as an isolated failure or a safety defect in the surface of the road where a hollow has formed. They are created when the surface of the road has been worn away. Potholes may start out as small cracks and gradually form over time, or may occur rapidly. There is not a precise legal definition of what constitutes a pothole in terms of either size or depth.

Find out if you are eligible to make a cycling pothole claim today by contacting a member of our team.

Who Is Liable For Pothole Damage?

Liability for a pothole injury claim will be with the party responsible for the maintenance of the road on which the accident took place.

  • Local roads may be managed by a local authority (such as a county council, etc).
  • National Highways is responsible for managing major A roads and motorways. Cyclists are not permitted to use some of these roadways.
  • Private occupiers (such as retail parks or supermarkets) are responsible for roadways and car parks on their property.

However, not all accidents that stem from a damaged pothole will mean a personal injury claim is eligible. Under the Highways Act 1980, Section 58, if responsible parties can prove that all reasonable measures were taken to ensure the highway was not dangerous to traffic, cyclists or pedestrians, then a claim is unlikely.

In order to make a claim for pothole damage and injuries, you will need to prove that the party responsible for the road was negligent. For example, those liable for maintaining road surfers must regularly check these as part of their duty of care. If they fail to do so and you sustain injuries in a pothole accident, you could be eligible to claim compensation.

Pothole Cycling Injuries

Striking a pothole, especially at speed, could cause a variety of potentially serious injuries. If you collide with a large or deep pothole, you could suffer injuries such as:

Contact us to find out if you could make a cycling pothole claim against the council or other party responsible for maintenance of a highway.

What Evidence Could Help Me In A Cycling Pothole Claim?

In order to make a successful cycling pothole claim, you will need to clearly show why and how you were injured and show that the party responsible for highway maintenance was negligent in not fixing the pothole.

Evidence supporting pothole injury claims could include:

  • Getting medical care for your injuries. As well as ensuring that your injuries are treated promptly, getting medical care creates medical records of your injury. You should ensure that you consult a medical professional about any injuries as soon as you can.
  • Witness statements can help to prove personal injury claims. Ask for the contact information of anyone who witnessed your accident so they can give a statement later into the claims process.
  • You can request CCTV footage which shows your accident taking place.
  • You can also take photographs of both the scene of the accident, the pothole and your injuries. If you are taking pictures of the pothole, use a measuring stick to capture the depth and width.
  • A diary of your injury symptoms and treatment can also help to illustrate how the accident has impacted you.

Get further advice on how to make a pothole accident compensation claim by speaking to a member of our team. Additionally, if you satisfy the eligibility requirements, an advisor can connect you to one of the personal injury solicitors from our panel who can help you gather evidence.

A pair of glasses and cycle helmet are on the road. A crashed bike is in the background.

How Much Compensation From A Cyclist Pothole Claim?

If you make a successful claim for pothole injury compensation, your settlement may be made up of two heads (or parts) of losses. These compensate you for your pain and suffering (general damages) and for financial losses caused by the injury (special damages).

How much compensation cycle accident injury claims could be awarded for general damages will depend on several factors. These include:

  • What injuries you suffered and whether there were multiple injuries.
  • How severe your injury is. A serious injury claim will be awarded a higher level of compensation than a less severe injury.
  • How long your recovery may be.
  • Lifestyle impacts.

Solicitors or other parties responsible for valuing personal injury claims may use the Judicial College Guidelines (JCG) to help evaluate general damages. This document provides guideline compensation amounts for different injuries.

Our table below includes examples from these guidelines. Please note each settlement is unique and these figures are only a guide. The first row includes compensation for financial losses and is not taken from the JCG.

Multiple and serious injuries + financial lossesSerious (multiple injuries)Including damages for injuries and financial lossesUp to £1,000,000+
Brain damageModerate (c) (i)Changes to the personality and a moderate to severe degree of intellectual disability.£183,190 to £267,340
Neck injuriesSevere (a) (ii)Serious fractures or disc injuries.£80,240 to £159,770
Arm amputationLoss of one arm below the elbow (b) (iii)Amputation at the forearm which results in severe organic as well as phantom pain.£117,360 to £133,810
Back injuriesSevere (a) (iii)Back injuries to the discs or other tissues resulting in chronic conditions.£47,320 to £85,100
Hip injuriesSevere (a) (iii)Injuries such as a hip replacement which is only partially successful may fall into this bracket.£47,810 to £64,070
Facial disfigurementLess severe scarringSubstantial disfigurement and a significant reaction psychologically.£21,920 to £59,090
Wrist injuriesSignificant (b)Permanent and significant disability. There is still some useful movement.£29,900 to £47,810
Elbow injuriesLess severe (b)Whilst the function of the elbow joint has been impaired, there is no significant disability.£19,100 to £39,070

Special damages could compensate you for financial losses that have been caused by your injuries, including:

  • Travelling to a medical appointment.
  • Medication or medical treatment costs.
  • The cost of care in the home.
  • Impacts on income such as lost wages or workplace benefits.

You will need evidence such as receipts or bank statements if you intend to claim for any of these or other costs as part of your cycling pothole claim.

How Long Do I Have To Make A Cycling Accident Claim

In most instances, the time limit on personal injury claims is three years from the date the accident happened. Claims should be started within this three-year period. This is set out in The Limitation Act, 1980.

What Do I Do If The Pothole Is Already Repaired By The Time I Claim

The party responsible for maintaining the road may have already repaired the pothole by the time you make a claim. You could still claim if you can prove the pothole was there at the time of your accident. Therefore it is vital that you take images of the pothole using a measuring stick at the earliest possible time.

Contact us to learn more about making a pothole bike accident claim.

Why Make A No Win No Fee Cycling Pothole Claim?

If you would like to claim compensation for your pothole accident and meet the eligibility requirements, one of the solicitors from our panel could support your case. Generally, our panel offer their legal services on a No Win No Fee basis under a Conditional Fee Agreement (CFA).

When your case is supported by a No Win No Fee solicitor, if your cycling pothole claim is unsuccessful, you will not be charged for their work on your claim. If you are awarded compensation, a success fee is deducted by your solicitor. This percentage is subject to a legislative limit.

If your cycling accident caused injuries and you would like to claim compensation, get in touch with a member of our advisory team. They can assess whether you have good grounds to claim and if you do, you could be connected to one of the solicitors from our panel. For your free no obligation consultation:

  • Phone – 0161 696 9685
  • Ask us to call you back by filling out our ‘contact us’ form
  • Talk to us using the pop-up live chat.

A lawyer sits at a desk with a laptop and gavel on it working on a cycling pothole claim.

More Resources About Making A Pothole Bike Accident Claim

Below we have included relevant resources and information on cycling safety and cycling accident claims from across our site and external sources.

Further information on cycling, potholes and road safety:

We hope our guide to making a cycling pothole claim has helped you. To learn more about claiming for a pothole bike accident, please contact our team.