This guide will look at motorcycle pothole accident claims. We discuss the eligibility criteria that need to be met for you to have valid grounds to pursue personal injury compensation, the evidence you can collect to support your claim, and how compensation payouts are calculated for successful cases.
Additionally, we explain who is responsible for road surfaces and how a pothole accident could occur as well as the injuries that could potentially be suffered.
Our guide concludes with a look at the benefits of instructing a personal injury solicitor from our panel under No Win No Fee terms.
For more information, you can contact our team of advisors. They provide free advice 24/7 and can answer any questions you have regarding pothole accident claims. To reach out, you can fill out our online contact form.
Jump To A Section
- When Are Motorcycle Pothole Accident Claims Possible?
- Examples Of Motorcycle Pothole Accidents And Injuries
- Evidence That Could Help In Public Liability Claims
- Potential Compensation From Motorcycle Pothole Accident Claims
- Why Use No Win No Fee Solicitors To Make A Public Liability Claim?
- Read More About Personal Injury Claims For A Public Place Accident
When Are Motorcycle Pothole Accident Claims Possible?
The parties responsible for the highways network have a duty of care under the Occupiers’ Liability Act 1957 and the Highways Act 1980 to ensure the network is reasonably safe for members of the public to use. In some cases, this could be your local council or the relevant highways agency. If there is a failure to do so and road defects, such as a pothole, causes you to suffer harm in a motorcycle accident, you might wonder when you could claim compensation.
To put have an eligible public liability claim after a motorcycle pothole accident, you need to demonstrate three points:
- A duty of care was owed to you, such as by a local authority.
- A breach of this duty occurred.
- You suffered physical and/or psychological harm as a result of this breach.
This is the definition of negligence in tort law which must be proven for a pothole accident claim to be valid.
Get in touch with an advisor to find out more about the eligibility criteria for pothole injury claims. They can also discuss more specifically whether you could seek compensation if a relevant local council highways agency fail to uphold their duty of care and you suffer an injury.
Examples Of Motorcycle Pothole Accidents And Injuries
Potholes are a hollow in a road surface caused by wear or sinking. They can vary in size and shape and can be potential hazards with the risk of causing damage or serious injury. For example, a motorcyclist may be thrown from their vehicle after going over a deep pothole that wasn’t fixed in a timely manner despite multiple reports being made to either a highway authority or a local authority. This could cause injuries such as:
- A serious head injury, such as brain damage, skull fracture, or severe concussion.
- A spine injury, such as broken or fractured bones in the spine, or a damaged spinal cord leading to paralysis.
- Soft tissue injuries, such as bruising, sprains, and strains.
- Cuts and lacerations, as well as burns.
You could be awarded compensation to address the severity of your pothole injuries and how they’re likely to affect you in the future, provided you have an eligible claim. For further guidance on how compensation is calculated and proving your claim, continue reading.
Evidence That Could Help In Public Liability Claims
There are numerous pieces of evidence that could help strengthen motorcycle pothole accident claims and help you have the best possible chance of seeking compensation. For example, you could gather the following to show you were owed a duty of care, and a breach of this duty caused the accident in which you were injured:
- Medical evidence. This could include copies of your medical records, such as X-ray scans and treatment plans. It could also include an independent medical report generated from an assessment you may need to attend as part of the claims process. This report can provide a more in-depth insight into your injuries and the impact they have had. Additionally, the report can be used to help value personal injury settlements.
- Video footage of the accident. For example, CCTV footage or footage from a helmet cam.
- A diary of your symptoms and treatments. This can include details of the physical and psychological impact of the injuries as well as the medical treatment you have needed.
- Photographic evidence. For example, of the accident site and injuries.
- Witness contact details. This can help if statements from witnesses are required at a later date.
An expert solicitor from our panel could help you to assemble evidence for a personal injury claim and put together a strong case. To find out whether you could benefit from their services, please contact our team today.
Potential Compensation From Motorcycle Pothole Accident Claims
Settlements awarded following successful motorcycle pothole accident claims can include up to two heads of loss. General damages are the head of loss that compensate you for the physical and/or psychological pain and suffering caused by the injuries.
Those who calculate the value of general damages can refer to your independent medical report and publications such as the Judicial College Guidelines (JCG) to help them. This publication lists various types of injuries, all varying in severity, and provides guideline compensation brackets for each.
Compensation Table
You can find figures from the JCG in the table below, except for the first entry. Please only use these as a guide because compensation for pothole injuries and accidents will differ depending on your unique circumstances.
| Harm Type | Severity Level | Notes | Guideline Award Brackets |
|---|---|---|---|
| Very Serious Multiple Injuries with Monetary Losses | Very Serious | Compensation for the physical and mental impact of multiple injuries that are very serious in nature and the financial losses caused as a result, such as loss of earnings, care costs, and medical costs. | Up to £1 million plus |
| Head | Very Severe | Cases involving double incontinence, little or no language function, little or no evidence of a meaningful response to environment, and the need for full-time care. | £282,010 to £403,990 |
| Moderate (i) | An intellectual deficit of a moderate to severe nature, a change in personality, an effect on the senses, and no employment prospects. | £150,110 to £219,070 | |
| Neck | Severe (i) | Cases of incomplete paraplegia from an associated neck injury. | In the region of £148,330 |
| Severe (ii) | Serious fractures or cervical disc damage resulting in considerably severe disabilities. | £65,740 to £130,930 |
|
| Back | Severe (i) | Damage to the nerve roots and spinal cord resulting in consequences of a very serious nature that are not often found in back injury cases. | £91,090 to £160,980 |
| Moderate (i) | Compression or crush fractures to the lumbar vertebrae causing substantial osteoarthritis risk alongside consistent pain and discomfort. | £27,760 to £38,780 | |
| Leg | Amputation (i) | Both legs are lost. | £240,790 to £282,010 |
| Severe (i) | Injuries falling short of amputation but that are still so severe that the courts award damages at a similar level. | £96,250 to £135,920 |
How To Claim For Financial Losses
Settlements for successful personal injury claims can also include a second head of loss called special damages. This head awards compensation to reimburse you for any financial costs and losses caused by the injuries. For example:
- Lost earnings caused by time taken off work, either permanently or temporarily, because of the injuries suffered.
- Medical expenses, such as prescription charges.
- Care costs for help needed at home with cooking, cleaning or other domestic tasks.
- Travel expenses, such as for buses, trains, or taxis to and from medical or legal appointments.
- The cost of repairs to your motorcycle.
You will be required to present receipts, wage slips and invoices as evidence to prove these incurred costs.
For a free valuation of your potential compensation claim, get in touch with our personal injury team today.
Why Use No Win No Fee Solicitors To Make A Public Liability Claim?
The personal injury solicitors on our panel offer their services through a Conditional Fee Agreement (CFA) which is a type of No Win No Fee contract. This means they can typically offer their services to you with no fees needed at the start of the claim, as it moves forward or if it fails.
If your case has a successful outcome, a percentage amount is deducted from the compensation at the end as the solicitor’s success fee. However, this percentage is capped which means you receive the majority of your compensation payout.
Contact Our Personal Injury Team
For further guidance on motorcycle pothole accident claims and when you could be eligible to have a No Win No Fee solicitor help you claim compensation, get in touch with our helpful team. To do so, you can fill out our online contact form to request a call-back.
Read More About Personal Injury Claims For A Public Place Accident
For more helpful guides relating to public accident claims:
- Discover whether you could make a claim after an accident in a park and the steps you could take to secure compensation.
- Further guidance on how public liability claims lawyers could assist you with your case.
- Learn about the time limit for public liability claims to understand how long you have to seek compensation.
Additionally, here are some external resources:
- Information on how to report a pothole from GOV.UK.
- Advice on first aid from the NHS.
- Guidance on the Road Safety Observatory, which provides research on a wide range of road safety issues, from the Royal Society for the Prevention of Accidents.
If you have any other questions regarding motorcycle pothole accident claims, please contact an advisor on the number above.