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What happens if you suffer injury or damage as a consequence of hitting a pothole while riding a bike? Call our No Win, No Fee Solicitors for a free consultation on freephone 0800 916 9046 or start a claim online and we’ll call you.
Slater and Gordon Lawyers handle more cycle accident injury claims than most other law firms in the UK, as we represent members of the public and members of the Cycling UK, the national cycling charity.
In order to establish liability on the part of the Highway Authority (in London the relevant London Borough Council) it is necessary to prove:
1. That your cycling accident was caused as a consequence of losing control of your bicycle due to hitting the pothole.
2. That the pothole was of sufficient gravity to have constituted a breach of Section 41 of the Highways Act 1980.
Highways authorities will almost always seek to avoid liability by relying upon their statutory defence under Section 58 of the Highways Act. They are able to rely on a Section 58 Defence if they can demonstrate that they had in place an adequate system of inspection and maintenance. The burden of proving an adequate inspection regime rests with the highway authority.
• Get several close up photographs of the pothole. The photographs should demonstrate the dimensions of the defect with a ruler or an everyday object.
• The photographs should show the wider area around the pothole so that it is possible to identify where it is.
• It may be possible to defeat any statutory defence raised by the Highway Authority if previous complaints had been made to the Council. It's worthwhile checking with nearby residents or shop keepers if they were aware of any complaints being made about the pothole.
• Check the Cycling UK's fill that hole website to see if there have been any previous complaints about the pothole.
Slater and Gordon Lawyers can provide immediate legal representation and rehabilitation support anywhere in the UK.
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in Newcastle, London, Manchester, Ashton-Under Lyne, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.
Solicitors at Slater and Gordon Lawyers are members of the Law Society Personal Injury Panel, the Association of Personal Injury Lawyers (APIL) & the Pan European Organisation of Personal Injury Lawyers (PEOPIL).