Did you suffer an injury as a cyclist because of a pothole on the road? If so, you might wonder whether you could make a personal injury claim for a pothole injury when cycling. This guide explains the eligibility criteria that need to be met in order for a bike and cycle accident claim to be valid.
Additionally, we look at who has a responsibility to keep the conditions of the roads safe and how a failure to uphold this responsibility could lead to a pothole accident in which a cyclist is injured.
Furthermore, we will discuss how compensation for pothole claims is calculated and gathering evidence for public accident claims to prove liability.
Our guide concludes with an explanation of how a personal injury solicitor could offer their services under a type of No Win No Fee contract.
For more information, you can get in touch with our helpful advisors. They can assess your case for free and answer any questions about pothole accident claims you have. To reach out, you can fill out our online contact form and an advisor can get in touch with you.
Select A Section
- When Are You Eligible To Claim For A Pothole Injury When Cycling?
- Examples Of How A Cycling Pothole Accident Could Happen
- How Much Compensation Could You Receive When Making A Claim For A Pothole Injury When Cycling?
- What Types Of Evidence Could Help Support Public Liability Claims?
- Claim Compensation For A Pothole Accident On A No Win No Fee Basis
- Read More About Public Liability Claims
When Are You Eligible To Claim For A Pothole Injury When Cycling?
Under the Highways Act 1980 and the Occupiers’ Liability Act 1957, those responsible for the highways network have a duty of care placed on them to ensure the network is reasonably safe for members of the public to use.
If there is a failure to do so, it could potentially lead to a pothole accident in which a cyclist suffers an injury. However, to claim for a pothole injury while cycling, you need to prove the following:
- You were owed a duty of care.
- This duty was breached.
- You suffered injuries due to the breach.
The above criteria lay out the definition of the term of negligence in tort law and need to be proven for you to have valid grounds to pursue a public liability claim.
Find out more by getting in touch with our team of advisors using the number above. They can assess your case for free and determine whether you’re eligible to proceed. They can also help you understand the steps you need to take to make a successful claim.
Examples Of How A Cycling Pothole Accident Could Happen
A pothole is usually found on the surface of a road where the tarmac has cracked, worn away, and left a hole. This particular road defect can vary in size and depth and could pose a potential risk of injury to cyclists.
If there are no pothole repairs carried out, they could cause a pothole accident leading to injury. For example, when cycling on the road, a cyclist’s tyre gets caught in a large pothole causing them to be thrown from their bike. As a result, they suffer a serious injury to their head and serious damage to their back due to a pothole cycling accident.
However, please keep in mind that it is not always possible to make a personal injury claim following a pothole accident. You would need evidence that you suffered an injury because a third party breached the duty of care they owed you.
Find out more about pothole accident claims by calling the number above.
How Much Compensation Could You Receive When Making A Claim For A Pothole Injury When Cycling?
If your claim for a pothole injury when cycling is a success, the settlement you’re awarded can be made up of up to two heads of loss. Firstly, the physical and psychological pain and suffering caused to you by your injuries can be compensated under general damages.
When valuing general damages, reference can be made to medical evidence and the Judicial College Guidelines (JCG). The JCG contains guideline award brackets which correspond to different injury types at varying severity levels.
Compensation Table
We have used figures from the JCG in the table below. The first entry is not from the JCG, however, and you should only use this table as a guide.
| Type of Injury | Severity | Guideline Award Brackets | Notes |
|---|---|---|---|
| Multiple Serious Injuries with Monetary Expenses | Serious | Up to £1 million + | A compensation payout reflecting the physical and emotional impact of multiple serious injuries as well as the monetary expenses incurred, such as loss of income, medical costs, and the cost of home adaptations. |
| Brain Injury | Very Severe | £282,010 to £403,990 | Cases in this bracket can include, for example, where the person has little evidence, or none at all, of having a meaningful response to their environment, poor language function, and double incontinence. They need full-time nursing care. |
| Moderately Severe | £219,070 to £282,010 | The person will be left with very serious disabilities that are either cognitive, involving impaired intellect, or physical, involving limb paralysis. The person will need constant professional care. | |
| Neck | Severe (i) | In the range of £148,330 | Cases of incomplete paraplegia from a neck injury are included in this bracket. |
| Moderate (i) | £24,990 to £38,490 | Fractures or dislocations that create severe immediate issues and might give rise to the need for surgery. | |
| Back | Severe (i) | £91,090 to £160,980 | Spinal cord and nerve root damage. |
| Leg | Severe (ii) | £54,830 to £87,890 | This bracket includes multiple fractures that have taken years to heal and needed extensive treatment. |
| Wrist | Complete Loss of Function | £47,620 to £59,860 | For example, where an arthrodesis has been performed. |
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | Cases of serious forearm fractures to one or both arms resulting in significant permanent residual disability (this can be either functional or cosmetic). |
| Less Severe | £19,200 to £39,170 | Significant disabilities with a substantial level of recovery that has either happened already or is predicted to happen. |
Financial Losses In A Bike Accident Claim
Special damages are the second head of loss that can make up a successful compensation award. This head seeks to reimburse you for financial losses caused by the accident in which you suffered a cycling injury.
- A loss of past and future earnings.
- Medical costs.
- Travel expenses.
- The cost of home adaptations.
- Care costs.
- Repair costs, if your bike was damaged in the accident.
To seek reimbursement of these losses under special damages, you must present proof of your out-of-pocket losses. This can include receipts, payslips and invoices.
Call the number above to find out how much compensation you could be awarded if your pothole injury claim succeeds.
What Types Of Evidence Could Help Support Public Liability Claims?
In order to support a public liability claim for a pothole injury when cycling, you should gather as much evidence as possible. When you collect evidence, it can help prove liability, show how you have suffered and to what extent you have been affected by your injuries.
Examples of the evidence you could collect to support a cyclist pothole claim include:
- Video footage of the accident, such as from CCTV, helmet cam, or a mobile phone.
- Photos of your injuries and the pothole and other road defects.
- Copies of your medical records such as doctor reports, X-ray scans, and copies of other test results. This can be after you seek medical attention for your injuries caused by a pothole.
- A diary noting your symptoms and any medical treatment you had to receive.
- Witness contact details so that statements can be collected later on.
If you choose to instruct a public liability solicitor from our panel, they can assist you with building your case and presenting it in full within the relevant time frame.
Read on to find out more about the ways in which they can help you seek compensation. Alternatively, call our team to find out more about claiming for pothole injuries.
Claim Compensation For A Pothole Accident On A No Win No Fee Basis
The personal injury solicitors on our panel can offer their helpful services under a particular kind of No Win No Fee contract that means no upfront fees will be required for work to begin on your claim and no fees will be needed as your claim proceeds.
The contract they offer is called a Conditional Fee Agreement (CFA) which typically means:
- No fees are required for your solicitor’s work if the claim fails.
- If the claim is a success, a success fee is deducted from the compensation. This is taken as a small and legally restricted percentage ensuring you keep the most of your public liability claim payout.
If you would like to learn whether you could benefit from instructing a No Win No Fee solicitor to help you claim for a pothole injury when cycling, please contact an advisor. To do so, you can fill out our online contact form and an advisor can get in touch with you.
Read More About Public Liability Claims
If you would like to read more about public liability claims, please follow these links:
- Find out how cycling accident solicitors could help you claim compensation.
- Learn when public liability claims against the council could potentially be possible.
- Discover if you could get compensation after an accident in a supermarket and what your payout could comprise.
For some external resources, please look here:
- Information on how to report a pothole through GOV.UK.
- Advice on how to get medical help through the NHS.
- Guidance on cycle safety from Think!
Thank you for reading this guide on when you could claim for a pothole injury when cycling. For further guidance, don’t hesitate to get in touch with an advisor for a free case check.