Cycling and Potholes: Can you claim?

Cycling has become more and more popular in recent years, particularly since the start of the Covid Pandemic.  Many people cycle for pleasure, to improve their health and fitness or simply as a cheap and convenient mode of transport for getting to and from work. 

The UK has seen a sharp increase in the number of accidents involving cyclists on Britain’s roads.  Cyclists are not only at risk being of being involved in a collision with other road users, but they are also at risk of being seriously injured as a result of hitting a pothole in the road.

The UK’s pothole problem is getting worse and, as a result, more and more cyclists are being seriously injured.

Cyclists risk serious injury if they hit a pothole in the road because they are completely exposed and therefore more vulnerable.  This means that when an accident happens, the injuries sustained by cyclists are more likely to be serious and often life changing.

Under Section 41(1) of the Highways Act 1980, the Highway Authority has a legal duty to maintain public roads and pavements and must be able to show that they monitor roads for damage and repair potholes quickly.  If your injuries are caused by a pothole on a public road, your claim would usually be made against the Highway Authority, but in some cases the pothole may have been caused by a third party, such as a Utility Company failing to properly re-surface the road or pavement after carrying out work, in which case a claim may be brought against the Utility Company.

In additional to physical injury, you may be entitled to claim compensation for psychological trauma, loss of earnings, replacement cost of bike or repair costs, private medical costs and the value of care and assistance provided by family members or friends during your period of rehabilitation.

If you have been injured as a result of a road traffic accident or falling of your bicycle due to a defect in the road, please feel free to contact the writer, Lisa Chambers, on 0161 930 5156 or lisa.chambers@gorvins.com for a no obligation discussion.