WARRINGTON Law firm FDR Law is offering advice to cyclists on National Pothole Day today (Jan 16) to those who have suffered damage or injury.
More than two million people across the country now cycle at least once a week; an all-time high according to British Cycling. But while this is great for their health and wellbeing, for their comfort and safety, cyclists need highway authorities to maintain smooth and defect-free roads.
In 2014, the police decided that a ‘poor or defective’ road surface contributed to almost three times more crashes involving cyclists than cars, and according to British Cycling, 12% of accidents are the result of “a defective stretch of road or a spillage or obstruction in the cyclist’s path.” Potholes, ruts, loose gravel, ice or diesel or oil spills not just make cycling uncomfortable, but can cause serious, even fatal, injuries.
Under Section 41 of the 1980 Highways Act the highway authorities are obliged maintain the road properly. If this duty is breached the Council can be liable to pay compensation to an injured cyclist. Last year, councils in England and Wales paid out nearly £23m in compensation to road users for damage caused by potholes.
Stephen Lawson, Partner and Head of Litigation at FDR Law says if you do happen to suffer a cycling accident due to a pothole there are a number of steps you should take:-
•Note the dimensions of the hole – including depth and its position in the road in relation to the kerb – and its location. Also note any other road defects in the vicinity.
•Take a photo (with your mobile phone if you have one, if not come back later and bring a tape measure) and try to include a sense of scale (eg. by including your hand or foot in the photograph). Also try to give a sense of its position in the road. Take multiple photos to indicate where the pothole is in relation to any reference points. If cycling in a group, get them to take photos showing the state and condition of the road, too.
•Take pictures of any damage sustained to your bike and any injuries you may have suffered.
•Take photos of the damage to your bike and any injuries you have sustained.
•Call an ambulance if you’re suffered any injuries or see you GP as this will verify your claim.
•Report it to the local highways authority, usually the council. (If you’re not sure which council is responsible for that road, type the road or town name at the Gov.uk website.)
For more information, please contact FDR Law on 01925 230000
2 Comments
Does this advice hold for motorists and pedestrians as well, it is not just cyclist who have problems with potholes.
Perhaps someone should bring the obligations of Section 41 to the attention of Peel Ports, Holdings or Management (whichever is responsible) in connection with the forever deteriorating road surfaces approaching and over the Warburton Bridge.