A Guide On How To Make A Cycling Pothole Claim
Potholes are depressions on the road surface that form when water gets under the tarmac. While hazardous to all road users, cyclists are at particular risk as they lack the protection afforded by a motor vehicle. This guide will examine who could be eligible to begin a cycling pothole claim.
You will see information on who is responsible for maintaining the road network and how failing to adequately uphold this duty of care can result in accidents where a cyclist is injured, including some illustrative examples to show how these accidents can occur.
We also explain how personal injury compensation is calculated under the two heads of loss, including a compensation table with guideline brackets amounts for various types of injuries.
Our final section is concerned with the type of No Win No Fee contract offered by our solicitors, and how you can benefit when instructing a solicitor to represent you under such a contract.
To learn more about making a personal injury claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:
- Call an advisor on 0800 073 8804.
- Begin your claim online through our website.
- Use the live chat feature in the bottom left of your screen
Select A Section
- How To Make A Cycling Pothole Claim
- What Injuries Could You Claim Compensation For?
- What Evidence Could Support A Cycling Pothole Claim?
- How Much Compensation Could You Claim For A Pothole Accident?
- Contact Us To Get Help Making A No Win No Fee Claim
- Further Cycling Pothole Claim Resources
How To Make A Cycling Pothole Claim
The Highways Act 1980 places a duty of care upon the party responsible for a given road. This party must ensure the road is adequately maintained to allow ordinary traffic to pass without incident. As we mentioned above, cyclists are particularly vulnerable to road defects, especially potholes, because they are substantially less protected than the drivers of motor vehicles.
Who is responsible for a given road can vary. For example, the council or local authority are responsible for local roads, whereas Highways England has responsibility for major roads such as motorways and major A roads. Since cyclists are prohibited from travelling on motorways and certain dual carriageways, a cycling pothole claim is typically made against the council or local authority.
Eligibility Criteria To Begin A Cycling Pothole Claim
Now we’ve explained who owes road users a duty of care with regard to maintaining the road surface, this section explains the eligibility for pothole claims against local authorities or the highway authority.
- The party responsible for maintaining the road owed you a duty of care.
- That party failed to repair road defects and maintain safe conditions for ordinary traffic, thus breaching this duty.
- As a result of this breach, an accident occurred in which you were injured.
However, section 58 of the Highways Act 1980 provides a defence for those responsible for maintaining the road networks. If responsible parties can prove that all reasonable measures were taken to ensure the highway was not dangerous to traffic or pedestrians, then a claim is unlikely. Just because you have an accident caused by a pothole does not mean you are automatically eligible to make a pothole claim.
For further advice on the eligibility criteria, or to get a free assessment of the validity of your potential cyclist pothole claim, contact our advisors today using the number given above.
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 or be appointed as a litigation friend and begin the claim on behalf of the injured person.
You can get further advice on the relevant time limit by speaking with our advisors. The team can also provide a free assessment of your eligibility to claim. Get in touch today using the contact information provided above.
What Injuries Could You Claim Compensation For?
A cycling pothole claim could be made for a number of different injuries. We have detailed some example scenarios here to explore how an unrepaired pothole can present a serious risk to a cyclist:
- You were cycling through a town when you hit a pothole. This caused you to swerve onto the pavement and collide with a lamppost. You suffered a broken nose and damage to your arm.
- You turned off a main road into a side street. As you turn, your front wheel hits a pothole, causing you to lose control of your bicycle and hit an oncoming car. You suffered multiple broken bones in the crash.
- You were cycling with a group when you rounded a corner and hit a pothole. Multiple cyclists lost control of their bicycles and collided with one another, including you. You suffered a badly lacerated leg and damage to your knee.
Many other scenarios could arise where a pothole causes a cyclist to suffer injuries, this section is intended to provide guidance, not an exhaustive list. To find out if you could claim compensation in your particular circumstances, contact our advisors today. The team is available 24 hours a day via the contact information provided below.
What Evidence Could Support A Cycling Pothole Claim?
In this section, we examine how to prove fault in a cycle accident injury claim. This is done through supporting evidence. As well as demonstrating who was at fault, evidence is also used to show the extent of your injuries.
Examples of evidence you could use for your cycling pothole claim include:
- Seeking medical attention is always recommended when you’ve been in an accident. While your health and well-being are the first priority, you can use the medical records from the treatment you receive as evidence for your claim.
- It is also advisable to keep a diary during your treatment, focusing on the physical and mental impacts your injuries and treatment had on you.
- If available, you can request CCTV footage of the accident. You could also get footage from a dash cam or similar device.
- Photographs of the pothole damage are vital. These should include measurements.
- Anyone who saw the accident occur could be a potential witness. Be sure to take their contact information so they can provide a statement at a later date.
Helping you gather evidence for your claim is one of the many tasks one of our solicitors could support you with. Once our advisors have decided your potential claim is valid, they could put you in touch with one of our solicitors. A solicitor could support with collecting evidence, as well as ensure your claim is made within the relevant time limit. Get your free assessment today by calling the number given below.
How Much Compensation Could You Claim For A Pothole Accident?
There are two relevant heads of loss for any given successful claim. Compensation for the pain and suffering caused by your injuries will be awarded under General Damages. You may also be entitled to compensation under Special Damages for costs stemming from your injuries, which we discuss further below.
Calculating a possible compensation figure for your potential claim is something one of our solicitors can help you with. The team assigned this task can make reference to the Judicial College Guidelines (JCG) alongside your medical evidence. The JCG publication contains descriptions of various different injuries with compensation brackets. We have used some of these guideline brackets in our table here.
Compensation Table
Please be advised that the first entry was not taken from the JCG and that this information has been provided for guidance purposes only.
| Type of Injury | Severity | Guideline Compensation Value | Description |
|---|---|---|---|
| Multiple Very Severe Injuries As Well Lost Income, Medical Bills And Other Special Damages | Very Severe | Up to £1,000,000 and above. | The injured person will have suffered multiple very severe injuries and incurred substantial costs such as a loss of earnings, medical bills and other Special Damages. |
| Injuries Involving Paralysis | Quadriplegia (a) | £396,140 to £493,000 | Paralysis of the upper and lower extremities. A typical case where the injured person has a life expectancy of at least 25 years, is experiencing no issues with sight, speech or hearing but requires support with bodily functions will be awarded towards the middle of this bracket. |
| Injury Resulting From Brain Damage | Moderately Severe (b) | £267,340 to £344,150 | Very serious disability where the injured person has a substantial dependence on others. Disabilities can be physical, such as paralysis, or cognitive, where there has been a marked impairment of personality and intellect. |
| Bladder | Double Incontinence (a) | Up to £224,790 | Total loss of natural bowel and urinary function resulting in double incontinence with other medical complications. |
| Chest Injuries | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 | The worst cases of chest injury involve serious heart damage and/or the complete removal of one lung, resulting in permanent scarring and prolonged pain and suffering. |
| Leg Injuries | Severe (b)(i) | £117,460 to £165,860 | Injuries that fall short of amputation but are of such severity they are awarded at similar levels. For example, an extensive degloving or where fractures have not united and require extensive bone grafting. |
| Other Arm Injuries | Severe (a) | £117,360 to £159,770 | Injuries that do necessitate amputation but are extremely serious and leave the injured person little better off than if the arm had been lost such as a severe brachial plexus injury. |
| Substantial and Permanent Disablement (b) | £47,810 to £73,050 | Significant fractures of one or both forearms resulting in significant residual disability. | |
| Knee Injuries | Severe (a)(i) | £85,100 to £117,410 | A serious injury where there has been a disruption of the joint, gross ligament damage and the development of osteoarthritis. |
| Injuries to the Elbow | Less Severe (b) | £19,100 to £39,070 | A significant functional impairment but not resulting in significant disability. |
Special Damages
As we mentioned at the beginning of this section, the financial losses you incur from your injuries can be compensated under Special Damages. It is often the case that compensation for Special Damages will be greater than General Damages. We have outlined some examples of such costs that could be awarded as part of Special Damages in cycling accident claims here:
- Lost earnings: Following a cycling accident, you may need time off work to recover from your injuries. In cases where serious injuries have been sustained, your ability to work may be reduced for an extended period. You could claim compensation for this loss of earnings.
- Care costs: You may require assistance in the home with cleaning, food preparation or other tasks if your injuries mean you cannot carry these duties out safely by yourself.
- Medical bills: prescriptions, therapy or other out-of-pocket medical costs.
- Transportation costs: If doctors have advised you not to drive once you are able to return to work, you could claim back the cost of public transport.
Other costs, such as bike repair costs, could make up your compensation payout should your claim succeed. To get a more personalised estimate of the value of your potential claim, contact our advisors today using the contact information given below.
Contact Us To Get Help Making A No Win No Fee Claim
Get in touch with our advisors for a free assessment of your eligibility to begin a cycling pothole claim. If our team assesses your potential claim as valid they could connect you with one of our highly experienced personal injury solicitors.
Our solicitors can offer claimants what’s known as a Conditional Fee Agreement or CFA. When instructing a solicitor to represent you under this type of contract there are some key benefits you will enjoy. The first of which is that there is no upfront fee to pay for the solicitor to begin working on the claim. There will likewise be no fees during the claim itself. Finally, if the claim is unsuccessful, there will be no fee to pay.
However, should your claim be a success, you will receive a personal injury compensation payout. A success fee will be paid to the solicitor as a percentage of this compensation. Because success fees are capped by law, you will get to keep the majority of the compensation you receive.
To learn more about making a claim following a pothole accident or check your eligibility to claim compensation in your particular circumstances, contact our advisors today using the following contact details:
- Call an advisor on 0800 073 8804.
- Begin your claim online through our website.
- Use the live chat feature in the bottom left of your screen
Further Cycling Pothole Claim Resources
You can read some of our other cycling accident claim guides here:
- Find out if you are entitled to compensation for your loved one’s death following a fatal cycling accident here.
- If the pothole that caused your cycling accident was the responsibility of the local authority, then one of our council accident solicitors could help you make a claim.
- Learn how much compensation for cycling accident claims you could be entitled to by reading this guide.
We have also provided these external resources for additional information:
- THINK! has published this guidance on cycling which you can read on their website.
- The NHS has released this guidance on applying first aid after an incident.
- If you are unable to undertake work, you may be entitled to Statutory Sick Pay. Learn more on the Government website.
Thank you for taking the time to read our guide to making a cycling pothole claim. For more information, or to get a free no obligation assessment of your eligibility to start a claim, speak to an advisor today. Our team is available 24 hours a day using the contact information provided above.
