Cycling injury from a collision with a pothole

Cyclist or not, few people could claim to be unaware of the increasing number of potholes on UK roads.

These present enough problems to drivers, but cyclists they are a serious hazard.

When is a pothole a 'pothole'?

Typically a pothole related cycling claim will be pursued against a council or local authority as most potholes are found on public roads.

Many cyclists pursuing a claim are surprised to discover that there is not a universal definition of a pothole. In fact the dimensions of what constitutes a pothole vary across local authorities.

As a rule of thumb however, if the hole in the road is at least 20mm (0.8 inches) deep then it is deemed to be a pothole.

Why are there so many potholes on the UK's roads?

Potholes are related by the stresses of traffic usage, wear and tear, water ingress and the expansion cycles of freeze and thaw.

Utilities companies constant digging up of roads and inadequate repair weaken the general fabric of the roads.

Under investment in UK roads has also exacerbated the problem.

Who is responsible for the worsening situation?

The state of repair of public roads in the UK is the responsibility of the Highways Authority manages at a local council level.

Despite the responsibility, councils are not under an obligation to fix all potholes immediately.

Section Section 58(d) of Highways Authority 1980 states that a council will only be liable where the authority knew, or could have reasonably been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway.

This legislation tends to translate into the law ruling in councils favour.

Years of experience fighting for cyclists

Cycling Injury Legal help cyclists injured in pothole collisions to find information, legal help and representation and support for their recovery.

Our national panel of expert cycling solicitors help cyclists injured in pothole collisions on Britain's roads seek the compensation they deserve.

If you have been injured in a collision with a pothole, we can help.

Legal

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