This guide looks at how compensation for a cycling pothole claim is determined, including what factors are taken into consideration. A pothole or road defect can result in damage for all road users. However, since cyclists are more exposed, they have a greater risk of serious injury.
We explore what needs to be proven to have an eligible cycling pothole claim and what evidence is best to collect to prove this. We also look at what types of injuries a cycling accident could lead to and who could be liable for such injuries sustained.
Furthermore, we look at No Win No Fee agreements and how you could benefit from claiming compensation with a solicitor under these agreements.
Our expert solicitors can help you greatly if you are eligible to claim compensation. To see whether you can be connected with them, get in touch by:
- Calling 0800 073 8801.
- Starting your claim online.
- Sending a message into our live on-screen chat box.
Jump To A Section
- How Much Could Your Cycling Pothole Claim Be Worth?
- Who Could Make A Cycling Pothole Claim?
- Bike Accident Injuries You Could Claim For
- How Do I Prove Negligence In Pothole Accident Claims?
- Can A Solicitor Help You Claim For A Pothole Accident?
- Find Out More About Making A Cycling Pothole Claim
How Much Could Your Cycling Pothole Claim Be Worth?
There are potentially two heads of claim that could make up the amount of compensation for a successful personal injury claim.
General damages, the first head of claim, provides compensation for the physical and psychiatric injuries that you have sustained due to third-party negligence. Some factors that are looked at for this award include:
- Changes in quality of life.
- The pain severity of your injuries.
- How long the estimated recovery time is.
During the claims process, you will be asked to attend an independent medical assessment. The reports from this assessment can be referred to, as well as the Judicial College Guidelines (JCG), to help during the valuation of your general damages payout. The JCG is a document that contains guideline compensation figures for all kinds of physical and psychiatric injuries.
Compensation Table
We have provided a table that includes guideline compensation figures for different injuries that could be sustained from a cycling pothole accident. None of these figures, however, can be guaranteed for any claim.
All of this information has been taken from the JCG, except the first row.
| Injury | Severity | Guideline compensation figure | Notes |
|---|---|---|---|
| More than one serious injuries with special damages | Serious | Up to £1,000,000+ | An award for sustaining multiple types of injuries at a serious severity with their financial effects such as medical bills, damages property, and lost earnings. |
| Brain damage | Very severe (a) | £282,010 to £403,990 | The person will show little to no evidence of language function or a meaningful response to their environment. They will also require nursing care full-time. |
| Moderately severe (b) | £219,070 to £282,010 | The person will be disabled in a serious way. They will be substantially dependent on others and require professional care constantly. | |
| Moderate (c) (iii) | £43,060 to £90,720 | Concentration and memory will be affected and there is a reduced ability to be able to work. However, any dependence on others will be limited. | |
| Neck | Severe (a) (i) | In the region of £148,330 | Permanent spastic quadriparesis or incomplete paraplegia. |
| Leg | Severe (b) (i) | £96,250 to £135,920 | Extensive degloving. |
| Severe (iv) | £27,760 to £39,200 | Severe crushing injuries or multiple fractures. | |
| Arm | Permanent and substantial disablement (b) | £39,170 to £59,860 | Cosmetic or functional significant and permanent residual disability from serious forearm fractures. |
| Wrist | Soft tissue injury (d) | £6,080 to £10,350 | Where recovery takes over 12 months but will be complete apart from minor symptoms. |
Could You Claim If Your Bike Was Damaged?
Special damages, the second head of claim, provides compensation for the past and future finances that you have lost due to negligence. Such financial losses that you could incur from a cycling pothole injury include:
- Lost wages for not being able to go to work because of the injuries that have been sustained.
- Medical bills i.e. rehabilitation and prescription costs.
- At-home care costs
- Home or vehicle adaptations
You could also claim property damage and repair costs, for example, if your bicycle needs to be repaired following a pothole accident.
Special damages are not guaranteed to be awarded for successful personal injury claims, whereas general damages are. Because of this, you must keep any proof you have to increase your chance of receiving a special damages payout. Such evidence includes bank statements, payslips, and invoices.
You can contact our advisors for more information about how much compensation could be awarded for a cyclist pothole claim.
Who Could Make A Cycling Pothole Claim?
Those who are responsible for maintaining the highways network owe a duty of care under the Highways Act 1980. This duty of care requires the highway to be maintained in such a way that it is reasonably passable for all ordinary traffic with no dangers as a result of its physical condition. Fixing potholes and road defects is included in this duty of care. Failure to do this can lead to cycling accidents caused by potholes and, thus, injuries.
As such, a cycling pothole claim could possibly be made if:
- A third party owed a duty of care to you.
- The third-party breached their duty.
- From this, you have suffered an injury.
The above can also be defined as negligence in tort law. You must provide proof of negligence to be able to claim for personal injury compensation. So, get in touch with us today to verify your claim eligibility.
Who Are Liable For Potholes?
Whoever is responsible for carrying out repairs depends on the type of road. For example, local authorities and councils manage local roads, whereas major A roads and motorways are managed by Highways England. There are private occupiers of land who can also be responsible for road repairs.
Since cyclists are not allowed on major roads such as motorways, it is likely that a cyclist accident claim will be made against either the local authority or a private occupier.
So, get in touch with us today to discuss where your pothole accident occurred.
What Is The Time Limit On Pothole Accident Claims?
The general time limit to begin legal proceedings for a public liability claim is 3 years, according to the Limitation Act 1980. This time limit starts from the date your accident occurred.
However, this general time limit may be paused in a couple of circumstances. We can tell you more about these exceptions to the time limit if you contact us.
Bike Accident Injuries You Could Claim For
If you fell off your bike due to a pothole, here are some different injuries that could be sustained:
- Head injuries such as brain damage.
- Back and spinal cord injuries.
- Neck injuries.
- Broken/fractured bones.
- Soft tissue injuries.
- Tendon and ligament tears.
Injuries following a cycling pothole accident can range in severity. No matter how severe the injury is, though, you may still be able to make a personal injury claim.
How Do I Prove Negligence In Pothole Accident Claims?
Just because a pothole has caused a cycling accident on the roads does not mean someone is liable for your injury. Section 58 of the Highways Act 1980 provides a defence and states that if the entity responsible for the highway can prove that all reasonable measures were taken to ensure the highway was not dangerous to traffic or pedestrians, then a claim is unlikely. Therefore, as with all personal injury claims, it is vital that you collect as much supporting evidence to support your case.
Here are some types of evidence which can prove third-party negligence to support a pothole accident claim:
- CCTV footage or dash-cam footage from the accident scene.
- Photographs of the pothole in question, your visible injuries, and any other damage. Photographs must include the height and width of the pothole shown on an image with a measuring stick.
- Keep a diary of your medical treatment and symptoms.
- Copies of your medical records once you have sought medical care. For instance, a copy of a scan image.
- Taking contact details from potential eyewitnesses.
Collecting as much evidence as you can for your case can seem daunting. Our solicitors, as part of their services, actually help their claimants gather evidence. So, if you would like one of our solicitors to assist you, don’t hesitate to get in touch with us to see whether you can be connected.
Can A Solicitor Help You Claim For A Pothole Accident?
If the eligibility of your cycling pothole claim is confirmed, then we can connect you with one of our specialist No Win No Fee solicitors to help you with your case. In particular, one of our solicitors can offer you a Conditional Fee Agreement (CFA).
With a CFA, you do not need to pay your solicitor unless your claim succeeds. So, before or throughout the compensation claims process, or if your compensation claim is unsuccessful, you are charged no fees.
If you have a successful claim, your solicitor will take a success fee. A success fee is a legally capped percentage of your compensation. So, no matter what, you will always receive the larger part of your compensation.
Contact Us
Contact us today if you want one of our No Win No Fee solicitors to help you with your potential cycling pothole claim. You could be entitled to compensation if you have been injured due to a breached duty of care. To find out for free whether you can begin the process of claiming compensation, have a chat with us at any time:
- Call 0800 073 8801.
- Start your claim online.
- Send a message into our live on-screen chat box.
Find Out More About Making A Cycling Pothole Claim
Below are some of our related guides:
- Guidance on how to prove a cycling accident claim to support your case as a cyclist that has been injured.
- How to make a claim on behalf of someone else if someone you know has been injured as a cyclist because of third-party negligence?
- When you can claim compensation for an accident caused by a drain or manhole cover.
Additionally, below are some potentially useful pages:
- Gov.UK – how to report a pothole to the government.
- Gov.UK – what local authorities and councils should do to keep cyclists safe, with what new tools have been introduced.
- THINK! – a road safety campaign that advises cyclists on cycle safety.
- National Highways, the highway authority For England.
Hopefully, you have acquired more information about how to make a cycling pothole claim and how much compensation this type of claim could possibly be worth. We are available 24/7 to chat about claiming for a cycling accident caused by pothole damage.
