Can I claim for a pothole accident?

In October I was thrown from my bike when my front wheel hit a pothole. I fractured my shoulder and some ribs and need to take 3 weeks off work. I wrote to the council with a complaint and requesting compensation but they have denied liability. There were potholes everywhere and I think the one I hit was very dangerous due to its depth. Can I get compensation for my injuries, kit and lost income?

Tom Williams, by e-mail

Answer

It really depends on the specifics of your case and what the council are relying on for their denial of liability. The council has a duty under s.41 of the Highways Act 1980 to maintain roads at the public expense and to take reasonable steps to ensure that road users have safe passage along those roads.

The council will have a statutory defence to your claim under s.58 of the Highways Act 1980 if they can establish that they have taken such care as was, in all the circumstances, required to ensure that the part of the highway involved was not dangerous for traffic.

In practice, it will come down to whether the council has a reasonable method of inspecting roads and dealing with issues and, importantly, whether or not they followed that method for the road in question. A specialist solicitor can help you with investigating these crucial factors.

You may need to obtain expert evidence from a Civil Engineer to help with your claim.