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I came off on a pothole

I recently came off my bike when the front wheel hit a pothole. I broke my collarbone and some ribs and had to have 2 weeks off work. I submitted a complaint to the local council, but they denied any wrongdoing even though it’s clear to me that the pothole was very dangerous. What can I do to get compensated for my injuries and other losses?
Chris Jones, by e-mail

Answer

The council has a duty under section 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, this 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.

You will need to establish that either that the council’s method of inspecting and maintaining roads was not reasonable; or that if their method of inspecting and maintaining roads was reasonable, that they did not follow their own policy.

You may need to obtain expert evidence from a Civil Engineer to support your claim and should instruct a specialist solicitor to look into your case.

Talk to one of our Motorcycle Accident Claims Solicitors

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