Injury after hitting pothole

[ushills]

The standing water was not as bad as that yesterday, however, I did travel slowly though the first section (furthest away in the photo) and expecting potholes traveled slowly in the middle of the road towards the camera past the second (nearest the camera) I was traveling approx 10mph and must have just clipped the marked edge of pothole (bottom edge of second photo) that resulted in my wheel dropping into the hole turning the bars to 90 degrees and stopping the bike instantly.

I dread to think what may have happened had I been traveling quicker, however, while I may have expected some bumpyness which is common round here I think it is unacceptable for a hole that big to be left for anytime especially when the Local Council were clearly aware of it. As someone has already said without any warnings and at night someone or I could have been killed or more seriously injured especially if it is in the middle of the road and liable to being obscured by water.

I have spoken to the CTC who are getting a solicitor to call me back and to be honest if the damage to my teeth and face wasn't so extensive I may have chalked it up to experience. However, I am an experienced cyclist an took every effort to avoid an accident short of getting of and walking the entire road, however, roads are meant to be used by all and IMO should not be in such a state that they can cause injuries like I have suffered.

I do not race, I do not go fast and I don't take risks other than trying to enjoy a leisurely ride in our countryside and do not expect to suffer severe injuries and significant costs in dental repair due to shoddy road upkeep.

 

[ushills]

To give a bit more clarity please see the attached, as stated before yesterday the road was not so flooded and I would have walked through the first if it had been like that. The second nearest the camera is the one that got me and I took what I thought was an appropriate line.

 

[ushills]

...why didn't you go down the middle avoiding the puddle?

Now posted photo showing location of pothole (red circle), I was in the middle and traveling towards the camera following the white line.

 

[fatblokish]

I think that you should claim. Whether the council accepts liability may ulitimately be irrelevant as that will become a matter for the court to decide.

You may find http://www.potholes.co.uk/claims/step_by_step_guide of use; there are other site with similar material. I would say your case will be hugely strenghtened if the council became aware of the existence of the defect, which clearly it has as evidenced by the presence of white paint, and then did not remedy it within either its own or nationally recommended timescales.

IIRC the council has a statutory defence if it can prove it has in place a suitable roads maintenance programme and adheres to the requirements of this programme, never mind whether it knew about the hole or not. In this regard the classification of the road is an irrelevance.

 

[jowwy]

To give a bit more clarity please see the attached, as stated before yesterday the road was not so flooded and I would have walked through the first if it had been like that. The second nearest the camera is the one that got me and I took what I thought was an appropriate line.

So if the road was not so flooded how did you not see the pothole with a white circle around it???

 

[Dragonwight]

Like many others have said on here if the council were aware of the pothole then they are liable for the defect in which case I would sue them if they were not then they most likely are not liable. You need to know when they inspected the road last and check to see if any defects have been reported. In addition I would check Google Streetview if the hole has been there for eons it might show up on there. Its a long shot but it worked for my neighbour when I suggested it after he damaged his car.

 

[Boris Bajic]

There's a massive difference between "It's your right" and "It's the right thing to do".

If the lanes in my county were kept entirely free of potholes, I'd think my Council Tax was being poorly spent.

I feel slightly queasy after reading the number of posts by people who think it's a good idea to go for a payment.

It may be something I ate, but I doubt it.

 

[fatblokish]

There's a massive difference between "It's your right" and "It's the right thing to do".

If the lanes in my county were kept entirely free of potholes, I'd think my Council Tax was being poorly spent.

I feel slightly queasy after reading the number of posts by people who think it's a good idea to go for a payment.

It may be something I ate, but I doubt it.

In civil proceedings it is not called a payment; it is called compensation. With good reason.

 

[jowwy]

In civil proceedings it is not called a payment; it is called compensation. With good reason.

why is it with good reason.....

having read this thread and posted questions, i'm still questioning what case the OP has here.....

he was cycling along his regular route, at a slowish 10mph speed, in the middle of the road, being aware of the wet conditions and looking for potholes........yet he still managed to hit a pothole that was in the middle of the road, with a white circle around it, and in his own words, "THE ROAD WASN'T AS FLOODED AS IN THE PICTURES"

specsavers anyone

 

[Red Light]

Thanks for all the replies positive and negative, to answer some questions I was wearing a helmet

Yes but you were not wearing it on your chin were you?

 

[ushills]

To be honest if I'd fallen off going round a corner too fast or slipped on a surface due to speed I would not be inclined to claim. I used to fall off when road and closed circuit racing but that was mostly expected and went with the competition.

However, I was cycling appropriately for the conditions and being careful due to the conditions, the hole was obscured by surface water that obscured the white marking.

I am inclined to claim as I'm looking at around 1500-2000 in dental cost and TBH am unlikely to cycle on the road again due to the impact this has had on my family and children. My daughter has been in tears since and has not seen her dad like this before.

Had the pothole been filled or not been there I would still be intact and happy to enjoy my hobby in blissful ignorance of what could have happened

 

[ushills]

Yes but you were not wearing it on your chin were you?

True, but you should see the marking and bruising on my head even though I was wearing a helmet and my glasses undoubtedly saved my eyesight and the left lens is peppered with scratches.

 

[rusky]

So if the road was not so flooded how did you not see the pothole with a white circle around it???

Looking at the close up, it's not clear the hole is marked even in you know what you are looking at.

 

[fatblokish]

why is it with good reason.....

having read this thread and posted questions, i'm still questioning what case the OP has here.....

he was cycling along his regular route, at a slowish 10mph speed, in the middle of the road, being aware of the wet conditions and looking for potholes........yet he still managed to hit a pothole that was in the middle of the road, with a white circle around it, and in his own words, "THE ROAD WASN'T AS FLOODED AS IN THE PICTURES"

specsavers anyone

....because it is paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty.


If, as you seem to imply, the OP was in some way partially responsible for the fall he/she suffered, then no doubt this will be taken into account should the OP bring about a claim. This is called contributory negligence. Of equal importance, and perhaps more so, are the elements that you seem to overlook namely the Highway Authority's (let's assume it was the Council) own behaviour.

The council must know it has a B road under its responsibility and that this B road is less well used than others, therefore reporting of faults by the road users themselves may be less reliable than on more heavily trafficked roads. Did it increase its surveillance accordingly?
What is the previous history of road defects on this road and how can it demonstrate that it responded accordingly?
In the Councils experience do B roads suffer from standing water more than other roads, and if so how does it ensure that defects hidden by such water are found and remedied?
How long had the Council known about this defect? How long was the white paint around the pothole? Did the Council remedy the defect within the appropriate timescales? Does the Council have sufficient resources to maintain the highway in a suitable state of repair? etc

These are only some of the questions that will be asked of the Council.

Obviously we have heard only from the OP but it is important to understand that there will be two sides to this tale so why not let justice takes its course? If it is found that the OP was partially negligent then the damages will be reduced accordingly.

Incidentally, to the OP, should you decide to claim I suggest that you do not reveal any more evidence on this forum lest it be found and misinterpreted.

 

[MrJamie]

You could probably do with a photo showing the depth of the pothole if it really is 6-9 inches deep, im not sure if it makes a difference for compensation but imho theres a difference between the many shallow potholes we learn to expect destabalizing a fast roadie and a wheel grabbing crater in what youd expect to be the shallow edge of the puddle. I wonder if it would be safe for motorbikes racing down that stretch of road.