Every week we are contacted by cyclists who have been thrown from their bikes with injuries ranging from smashed teeth to broken bones.
In their eyes the authorities failed to maintain the roads and should pay compensation to those who are injured who, understandably, feel wronged…
But sadly, it’s not that easy.
Not every bump in the road is grounds for a claim
The law is well established in this area and pothole injury compensation will only be awarded under a specific set of circumstances.
We know from speaking to road engineers that potholes can develop quickly, especially on busy roads and when the weather is wet and cold – but local authorities are not expected to fix every pothole when they arise.
Due to rising costs and pressures on council budgets sheriffs and judges tend to be sympathetic to public bodies, they understand the logistical and financial strain repair works can have on local authorities.
Public bodies are required to have their own policy on repairing roads – these differ from council to council.
When they receive a report, or a pothole is spotted during a routine inspection, it must be assessed.
Following this, if it is deemed to be a hazard it must be repaired within a certain time frame. But each council area has its own time frame for these works to be completed.
If a pothole has been around for a long time and you have witnesses that can confirm that, your solicitor may be able to argue the Council ought to have been aware of it.
Making a claim and challenging the grey areas
To make a claim after being injured by a pothole hole, first you must have medical evidence. This can be from a GP, A&E or any other medical professional and is needed for any personal injury claim.
The second step is to establish negligence; don’t worry this is the job of your solicitor. They look for proof the public body in charge of the road knew there was a pothole and failed to fix it.
The issue that causes the most frustration, however, is this – while it is recognised there are many lumps, bumps and potholes on the roads that can cause injury to a cyclist or pedestrian, the courts will not attach liability unless the pothole is a certain size.
A pothole must have a 100mm (or 10cm) vertical edge for the courts to attach liability.
This type of surface flaw is common with drains and missing manhole covers, but if you trip over a pothole on the pavement then, generally speaking, it must have a straight edge of at least 20mm.
It is also the case that if the pothole is disc-shaped with sloping edges then, in our experience, it will not be possible to make an injury claim.
We understand this can seem unfair – after all, injury has been caused by these road surface irregularities – and in an ideal world we would be able to help everyone. But in our duty as personal injury solicitors, we can only help in accordance with the law.
Ultimately the rules on the 10cm vertical edge determine what makes a successful claim.
At Digby Brown it matters to us that roads are improved and people have the chance to right the wrongs that happened to them.
We will continue to challenge the grey areas in the law in a positive way to help more people in the future.