Can I make a claim after a Pothole or Road Defect accident?
The law is on your side when it comes to a pothole or road defect accident. You are legally entitled to make a claim for compensation. At Bike Injury Solicitors our team is made up of specialist Lawyers who are also keen bikers and cyclists. We fully understand how dangerous a pothole or road defect accident can be and the consequences of suffering an injury as a result.
We are experts in dealing with these claims, which can often be problematic.
In the majority of cases we will run your case on a no win no fee basis. If you have any questions regarding a pothole accident or wish to make a claim after suffering injury get in touch. We offer all bikers a free consultation. You can call us on 0330 133 1214, email us at firstname.lastname@example.org or request a call back.
Frequently Asked Questions
What is a Pothole or Road Defect?
A pothole is a depression in the road or pavement surface, usually when an area of the top surface is missing. This results in an uneven surface which can present a serious hazard to motorcyclists and cyclists. Other road defects can include, missing drains, large cracks in the surface and depressions or areas of sagging. Defects are often caused by erosion of the road surface due to traffic usage & bad weather or as a result of a failure in the construction of the road or pavement.
Who do I make a Pothole claim against?
If your accident occurred on the public highway rather than private property, usually the local council is responsible for the upkeep and repairs of potholes and defects within their local area. The local council is responsible for inspecting the condition of roads and pavements on a regular basis. If a pothole or defect is found then they are obligated to repair it within a reasonable time frame.
All local authorities are required to follow the ‘Well-Maintained Highways – Code of Practice’.This sets out when and how often all local councils are required to inspect and repair potholes and defects found on roads and pavements within their control. The code of Practice has recently been updated and local councils are required to adopt the new code by the 28th October 2018, if they have not already done so.
The Code of Practice serves as guidance and each local council will set out their own inspection periods depending on the location of the pavement or road. If the Council fail to maintain a road or pavement, giving rise to the pothole or defect and you suffer injury, you are entitled to seek compensation.
What do I need to prove to make a successful claim?
The Council’s duty to repair potholes and defects is not an absolute duty but a reasonable one. The Council are therefore not required to repair every defect which occurs as this would not be possible or feasible due to budgetary constraints.
The depth of the pothole or defect is the criteria used by the Council to determine if the pothole is dangerous and requires repair. Usually in order to prove the pothole or defect was dangerous and required repair, the depth of the defect must be a minimum of 25mm if found on a road road or 20mm if found on a pavement.
You will then need to show the local council has:
failed to inspect the area in line with the Code of Practice or
have inspected the area but the inspection was inadequate or
the council inspected the area but failed to carry out repairs within a reasonable time frame
What can I claim compensation for?
We will help you with:
How to make a claim following a pothole accident
1. Make a note of the exact location where the pothole or defect is found. It will be useful to note down any road markings, house numbers, landmarks and numbers from any lampposts close to the defect location site to help track it down at a later stage.
2. Take photographs of the pothole or defect. It is crucial that you can show what condition the defect was in around the time of the accident. In particular you will need to demonstrate the depth of the pothole or defect meets the minimum depths of 25mm for a road and 20mm for a pavement. This can be completed with a tape measure and spirit level. If you need any assistance contact our team on 0330 133 1214.
3. Secure the contact details of any witnesses to your accident who can corroborate your version of the accident circumstances and injuries. It is also important that you secure details of any witnesses who can confirm the location and condition of the pothole and defect around the time of your accident, even if they did not witness your accident.
4. Contact the local council to notify them of the defect and your accident. Often council’s will carry out urgent repairs to a defect if they are notified it has caused an accident. It is therefore important that you make a note of the location of the defect and take clear images at the earliest opportunity, before the defect is repaired.
If you have been injured as a result of a defect whilst out riding contact us to discuss your case.We provide a free consultation to all 2 wheel riders to help answer any questions and queries you may have about an accident, your injuries or the claims process.