Pothole Accident Claim
Potholes and other road defects, such as cracks in the street surface, can cause serious injury to road users, particularly cyclists and motorcyclists. A slight knock or bumpy ride as a result of riding over a deep pothole can cause loss of control or even throw you from your bike.
The personal injury team at JMW can help you make a pothole road accident claim if you have been injured. The team is made up of solicitors who have a passion for cycling, as we believe that claims of this nature should be handled by lawyers who fully understand the effect that experiencing a crash while on your bike can have.
If you would like to speak to a member of our team about an incident involving a pothole or other road defect, simply give us a call on 0345 872 6666. Alternatively, you can fill in our online form and we will get back to you at a time convenient for you.
What Our Clients Say
How JMW Can Help
We are a team of expert solicitors who understand this area of law exceptionally well. We also know that both cyclists and motorbike riders are passionate about their bikes, but also vulnerable as road users, and need support when things go wrong and they end up injured.
Each case is handled efficiently with the utmost professionalism, which has resulted in national recognition for JMW. Your solicitor will work with you to determine your requirements and the next steps that are needed in order to get you back to a similar position you were in before the accident.
Our team will help you to reclaim the costs of a bicycle or motorbike that has had to be repaired or replaced, as well as recover compensation for the pain and suffering caused by a pothole or other road defect. We work on a no win, no fee basis; this means that making a claim is completely risk-free. We will take away the stress and strain of what can often be a very difficult time and leave you to focus on the most important thing - making a recovery after your accident.
Why Should I Make a Pothole Accident Claim?
It is your right to make a claim if you’ve been injured by a pothole or other road defect while on your bicycle or motorcycle. Compensation can go some way to assisting your recovery by helping to pay for medical expenses, travel costs and repairing or replacing your bike. Like with other personal injury claims, there are two types of damages that make up your final compensation award.
What Kind of Compensation Can I Receive for a Pothole Accident Claim?
When you make a pothole road accident claim, the compensation you might receive is generally broken down into two categories:
General Damages
These are worked out based on set judicial guidelines and what compensation has been awarded in existing cases featuring similar injuries. Estimated compensation amounts based on your injury can be worked out by using our compensation calculator.
Special Damages
These take into consideration any financial losses that have come about due to the accident, which for a cyclist can include:
- Bicycle/motorcycle repairs or replacement
- Cycling/motorcycling kit and accessory replacement
- Payment for medical treatment
- Travel expenses
- Loss of earnings
- Assistance with personal care
- Inability to pursue personal interests
Every case is unique, and it's our job to make sure you get the pothole compensation you rightly deserve. Each person making a claim has different injuries and needs; the more information we have about a client’s financial losses, the better placed we are to ensure you get the compensation you deserve. This is why it is important you keep hold of all expense receipts and documentation, as it gives you the best possible chance of recovering your costs.
Whether you're dealing with cycling potholes or a pothole motorcycle accident, we're here to help you make a personal injury claim.
How to Make a Claim for Pothole Damage or Injury
If you have been injured by a pothole or other road defect, it must be proven that the local authority or Highways Agency have neglected their duty to keep you safe. To do this, detailed evidence about the road defect that caused the accident must be collected as soon after the incident as possible. This includes:
- Where the accident took place - any landmarks or lamp post serial numbers should be written down or photographed, ideally with the defect in sight, to provide as concise a location as possible so it can be determined who is responsible
- Contact details of any witnesses - these can be contacted to corroborate the details you have provided about your accident if the local authority denies responsibility
- Photographs of the pothole or road defect - you should use a spirit level and tape measure to clearly display the width and depth of the defect and ideally, an accurate date stamp should be featured
There are minimum depths that a defect must be before it is legally considered as dangerous. Realistically, in order for your claim to stand a chance of being successful, the depth of the defect that has caused your accident must at least meet these minimums:
- 25mm for a road
- 20mm for the pavement
- 40mm for a motorway
FAQs About Making a Pothole Accident Claim
- Who is responsible for repairing potholes?
It is the local council’s duty to ensure roads and pavements in their constituency are kept free of defects so that cyclists, motorcyclists and other road users can travel safely. Maintenance of motorways and other major roads are the responsibility of the Highways Agency.
Both authorities must ensure that regular checks are carried out to identify any potential hazards and ensure any found defects are repaired within a reasonable amount of time. These timescales are determined by the relevant local council, and each road the council is responsible for is graded according to its importance in the area.
If the council or the Highways Agency fail in their duty to maintain and repair roads and pavements and you suffer an injury while riding your bike, you can make a claim for the pain and suffering it has caused you.
- How do I know if I have a valid pothole accident claim?
To establish whether you have a valid pothole accident claim, speak to one of our solicitors - we will help by assessing your situation.
First and foremost, you must have suffered an injury as a direct result of a pothole or another type of road defect. You must also be able to provide evidence that the authority responsible was negligent in their duty to maintain the road. This could be a failure to carry out regular inspections or to repair known defects in a timely manner.
The pothole or road defect in question must also meet certain minimum depth requirements to be considered legally dangerous. These depths are 25mm for a road, 20mm for a pavement, and 40mm for a motorway.
- How long do I have to make a pothole accident claim?
The general rule for personal injury claims, including pothole injury claims, is that you have three years from the date of the accident to initiate legal proceedings. However, it's strongly advised to start your claim as soon as possible. The sooner you start, the easier it'll be to gather evidence, such as photographs and witness statements, which can be vital in proving your case.
There are some exceptions, however. For cases involving children, a claim may be brought on behalf of a child at any time up until their 18th birthday. After they turn 18, the three-year time limit starts, giving them up until the age of 21 to make the claim themselves. In cases where you are looking to claim compensation for someone who lacks the mental capacity to do so for themselves, the time limit may not apply at all.
If you're unsure about the timeline or any other aspect of making a pothole road accident claim, don't hesitate to contact us for tailored advice.
- How long does this type of claim take?
There is no clear timescale for how long a claim of this nature will take to settle, as an element of the case hinges on whether the local authority or Highways Agency admits liability immediately or if your solicitor has to prove that they are to blame. If liability is admitted, the process should be simple, as evidence will be exchanged with them, and a settlement agreed upon.
However, if liability is not admitted, your solicitor will need to take steps to prove that the local authority or Highways Agency were responsible for your injury. This is where your existing gathered evidence will be useful. Your solicitor will also look to secure additional supporting information, such as requesting any reports on your defect from the council, as well as a request for reports surrounding road defects in that area to see if they were allowed to go unrepaired past the time period in which they should have been repaired.
- What if the pothole accident caused pre-existing injuries to worsen?
If a pothole accident has exacerbated a pre-existing injury, you may be able to make a pothole injury claim for the additional pain and suffering, or for other losses you've experienced as a result. It's essential to be completely transparent about your medical history when speaking to your solicitor. Full disclosure enables us to build the strongest possible case on your behalf. Medical evaluations can delineate the extent to which a pothole accident has worsened your pre-existing conditions, and this will be factored into your claim for compensation.
- Can I make a claim if the pothole was on a road that was under construction?
You can make a claim if the pothole was on a road under construction, but the circumstances might be slightly different. Generally, the organisation or contractor responsible for the roadworks has a duty to ensure the area is safe for road users. If a pothole in a construction zone has caused your injury, your claim would be directed towards the contractor or another party responsible for the roadworks, rather than the local council or Highways Agency. As with any other pothole injury compensation claim, you'll need to provide adequate evidence, such as photographs of the pothole and your injuries, to support your claim.
Unhappy With How A Solicitor Has Handled Your Claim? Switch to JMW Solicitors
If you have approached another solicitor regarding your claim and are dissatisfied with the legal advice you have been given, or the lack of communication about your case, we are happy to take on your claim and provide you with the high-quality service you deserve.
We have helped several clients who have experienced poor quality service and inadequate advice from other solicitors. Those who have switched their case to JMW have commented on our personable approach and our willingness to communicate on a regular basis.
Our team is here to discuss your case and the options available to you. We can advise you on what to do next and will handle any necessary arrangements with your current solicitor.
Talk to Us
If you have been in an accident that was caused by a pothole or other road defect, talk to the team at JMW Solicitors today to get your pothole accident injury compensation claim underway. Either fill in the online contact form or call us on 0345 872 6666.
