If you're a cyclist injured due to a pothole, we can help you make a cycling pothole claim with a No Win No Fee service.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Cycling Pothole Claims
Cyclists are vulnerable road users, and potholes, which are often hard to avoid, pose a significant danger. If you had a cycling accident due to a pothole, you may be able to make a cyclist pothole claim.
The local authorities must regularly inspect and maintain public roads. When they fail to do so, and potholes are allowed to develop, cyclists can suffer various injuries, from broken bones to severe head injuries and brain trauma.
A personal injury lawyer can help you claim compensation if you or a loved one was injured in an accident caused by a pothole. To get started, call 0800 470 0472 today or use our online claim form to request a call back.
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Am I eligible to make a cyclist pothole claim?
Cycling is a great way to travel or stay in shape, and it has become increasingly popular over the years. However, hundreds of cyclists are injured on UK roads each day. In 2023, the total number of accidents involving cyclists was 14,999, with 87 fatalities.
Potholes represent a significant danger and a major part of road traffic accidents. Between 2020 and 2021 alone, 1.7 million potholes were filled in England and Wales. Statistics show that 21% of all cycling accidents are due to potholes.
If you or a loved one had a cycling pothole accident, you may want to make a compensation claim. The easiest way to find out if you have grounds to take legal action is through a free consultation with a specialist cycling accident solicitor, who will verify whether:
- You were owed a duty of care by the defendant (in most cases, this will be the local council or Highways Authority);
- They breached their duty by failing to repair a pothole;
- That pothole caused you to suffer an injury or injuries while cycling;
- Your accident happened within the past three years.
If all these apply to your case, you will be able to proceed with a personal injury claim. Your solicitor will guide you through the claims process and will work to secure the compensation that is rightfully owed to you, if your claim is successful.
Can I make a claim for a pothole injury if I was partially at fault?
Yes, you can often still make a claim even if you were partially at fault for the accident or the severity of your injuries. This is legally known as contributory negligence, and it does not waive your entitlement to compensation.
However, the payment you receive will likely be reduced in proportion to your degree of fault. For example, if you are found to be 20% at fault and suffered injuries valued at £10,000, your compensation award would be reduced to £8,000.
In a claim for a pothole accident, contributory negligence could look like:
- Riding at night without a proper front light
- Being under the influence of drugs or alcohol.
- Not wearing a helmet.
- Riding recklessly or at excessive speed.
- Ignoring warning signs that indicate poor road conditions.
What should I do if I hit a pothole while cycling and suffer injuries?
If you hit a pothole while cycling and you are injured, there are several steps you should take. These will help you protect your health and safety and your right to make a personal injury claim for compensation. You should do the following:
- Check yourself for injuries and call 999 immediately if you are seriously injured. Even if your injuries are not severe, see your GP or a hospital as soon as possible. Medical records are essential to support a claim for personal injuries.
- If it is safe to do so, document the accident scene. Take photographs of the pothole, the surrounding road conditions, any damage to your bicycle and your injuries. Try to include an everyday object, such as a coin or even your thumb, to show the size of the pothole.
- If there were any witnesses, ask for their names and contact details. Their testimony about what happened can help strengthen your claim.
- Take note of the date, time and location of the accident, as well as weather conditions or other factors that might have contributed to it.
- Report the pothole and your accident to your local authorities as soon as possible and verify if there were any previous reports about it. That can serve as proof that your local council was aware of the hazard but did not repair it.
- If you want to make a cycling pothole claim, do not postpone speaking to a personal injury solicitor. They will offer you a free case assessment and will help you start your claim if you are eligible for compensation.
Friendly legal advisers are available to discuss your claim today.
Who is responsible for maintaining roads and cycle lanes?
Under the Highways Act 1980, the responsibility for maintaining roads and cycle lanes is primarily divided between National Highways and local authorities.
National Highways are responsible for the upkeep of all motorways and major A routes. Local authorities, such as county councils and metropolitan councils, have a duty to maintain all other roads, which is the vast majority of them, as well as many cycle lanes.
Their specific duties for keeping roads and cycle lanes in a safe condition for public use include:
- Carry out regular inspections
- Keep all roads clear of debris and obstructions
- Repair a reported pothole within a reasonable timeframe
- Ensure warning signs are in place for hazards that can’t be immediately eliminated
- Maintain road markings and signage
- Keep records of inspections and maintenance
Under Section 58 of the Highways Act, the local council or highway authority can defend a pothole accident claim if they can prove they have a reasonable system of inspection and maintenance in place.
They could also argue that the pothole was not big enough to pose a significant danger to road users or that it appeared after their most recent inspection, and nobody reported it.
If you were injured on a property that is privately owned, such as a supermarket’s car park, the property owner or operator would be liable under the Occupiers Liability Act 1957.
What injuries could a cycling pothole accident cause?
If you have an accident as a result of hitting a pothole while cycling, you could suffer a range of injuries, from minor to life-threatening. These include:
- Broken bones in the wrists, arms or legs;
- Road rash, cuts and lacerations, which can lead to serious infections;
- Soft tissue injuries such as sprains, strains and tears in the muscles and ligaments;
- Head injuries ranging from mild concussions to severe brain trauma;
- Spinal injuries, which can potentially lead to chronic pain and paralysis;
- Broken teeth, jaw fractures and other facial injuries.
The type and severity of your injuries will largely depend on your speed, the size of the pothole, the road conditions, and whether you are wearing any protective gear. The amount of pothole compensation you can claim will depend on these and many other factors.
What evidence do I need to support my claim for cycling injuries?
You will need as much evidence as possible to support your claim and ensure you receive compensation. Your solicitor will assess all the proof you have and help you gather any additional evidence available.
Where possible, you should aim to collect the following:
- Photographs of the pothole that clearly show its depth and width;
- Photos of the accident scene and the damage to your bicycle and other personal items;
- Pictures of your injuries and your recovery process;
- Medical records that document the nature and extent of your injuries and the treatments you received;
- Reports from specialists regarding your recovery prospects and future care needs;
- Records of reports to your local council regarding the pothole and your accident;
- A copy of an accident report if you were injured on private premises;
- If available, dash cam or CCTV footage of the accident;
- Statements from witnesses who saw your accident or were aware of the pothole;
- Your testimony about how the pothole caused your accident and how this has affected your life;
- Evidence of financial losses and expenses incurred due to the bike accident in the form of receipts, invoices and other financial documents.
Friendly legal advisers are available to discuss your claim today.
Can I make a personal injury claim on behalf of a loved one?
If your loved one suffered an injury whilst cycling, you may be able to make a pothole claim on their behalf. This is typically required when the injured party:
- Is under 18;
- Lacks the mental capacity to handle a claim, either due to a serious injury caused by the accident or a pre-existing condition such as Down syndrome.
To represent them, you must apply to the court to become their litigation friend. Once appointed, the claims process will proceed as usual, and you will have to make decisions about the case that are in the claimant’s best interests.
If you make a successful claim, a judge must approve the awarded settlement. The money will be kept in a court bank account or a personal injury trust and released to your loved one once they turn 18 or recover their mental capacity.
You may also be able to claim compensation if you lost a loved one following a cycling accident. If you qualify as their dependant, you could be eligible to claim:
- Loss of financial support provided by your loved one.
- Loss of services, such as household maintenance and childcare.
- Reasonable funeral expenses, like wreaths and transporting the body to the grave.
- A bereavement award of £15,120.
- The pain, suffering and financial losses incurred by your loved one before passing away.
How long do I have to start a cyclist pothole accident claim?
Under the Limitation Act 1980, you typically have three years to claim for a cycling accident caused by a pothole. You must start proceedings within this timeframe to ensure your claim is not statute-barred and no longer valid. There are a few exceptions to the limitation date:
- Child injury claims can be made at any time before the child’s 18th birthday. Afterwards, they have until 21 to claim compensation themselves.
- The time limit is put on hold if the injured party lacks the mental capacity to pursue a claim.
- Claims for fatal accidents have a three-year time limit from the date of death and not the time of the accident.
Regardless of your situation, it is best to seek legal advice as soon as possible. That will ensure the availability of evidence and improve your chances of making a successful cycling pothole claim.
How much compensation can I claim for injuries caused by hitting a pothole on a bicycle?
The amount of compensation for a cyclist pothole claim is typically made up of two types of damages:
- General damages are based on the type and severity of your injuries and their impact on your life. These could include aspects such as physical pain, emotional distress, loss of amenities and loss of companionship.
- Special damages cover financial losses and expenses resulting from the accident. Examples include prescriptions, private medical treatments, loss of earnings during recovery and care costs.
General damages are based on compensation guidelines published by the Judicial College (18th Edition). You can use our free online compensation calculator to find out how much you could receive based on the type and severity of your injury.
Special damages will be based on the financial documents you can produce, such as receipts, wage slips and bank statements.
How long will it take to claim compensation?
There is no set amount of time to resolve an injury claim following a cyclist pothole accident. It could take between a few months and several years for your case to conclude, based on factors such as:
- The type and severity of your injuries – the more severe these are and the longer it takes to recover, the longer your claim could take;
- Liability disputes – if the responsible party denies liability, this will prolong the claim;
- Evidence gathering – collecting all necessary evidence, such as medical records, witness statements, and expert reports, can take a varying amount of time;
- Negotiations – both parties can make multiple offers, prolonging the claims process;
- Court proceedings – if you cannot settle and you must go to trial, your claim will take significantly longer to resolve.
Your solicitor will be dedicated to resolving your claim in the shortest time possible. If you have urgent financial needs, they may be able to secure interim payments for you.
Can I make a cycling pothole claim with a No Win No Fee service?
Yes, if your case is valid, the solicitors we work with offer you a no win no fee service. This is a common arrangement in personal injury claims, which ensures that you have access to legal representation regardless of your situation and without any risks.
When you claim on a no win no fee basis, you don’t pay any fees upfront. If your claim succeeds, your injury lawyer will take a pre-agreed percentage of the compensation for your injuries and past financial losses (capped at 25%) as their success fee. If you lose, you do not have to pay them a single penny.
This gives your solicitor a strong incentive to win your case, as they cannot recoup their costs otherwise. It also gives you peace of mind, knowing that you will not be left out of pocket no matter what.
To find out if you can start a cyclist pothole claim and how much compensation you could receive, call 0800 470 0472 or request a call back for a free consultation.
