I fell off my bicycle due to a pothole, what should I do?

July 12, 2017, By Alex Barley

There are many challenges to cycling on Britain’s roads.

While most bicycle accidents are caused by a collision with a car or vehicle, the condition of many roads is also a major source of incidents.

Government casualty figures show 255 people were killed or seriously injured due to potholes and other road defects between 2017 and 2022, as reported by CyclingUK. Meanwhile, a major cycling insurer, Zurich UK, recently reported that 6,500 injuries were sustained by cyclists and pedestrians in the last three years from the poor condition of roads and pavements.

But what can you do if you experience a cycling accident because of a pothole or disrepair? Are you eligible to make a claim for compensation?

In this guide, we’ll explain your rights and the steps you should take.

As a cyclist, if I’m involved in a road accident as a result of the road condition, what legal rights do I have?

Under section 41 of the Highways Act 1980, local councils must maintain public roads to a ‘rideable’ condition. But, as we know, this sometimes is not done to a good enough standard. As a result, cyclists involved in road accidents are left with injuries that are no fault of their own.

If you suffer damage to property, loss, or injury due to a defect or pothole in the road then you may be able to make a personal injury claim against the relevant highway authority. This is usually the local council.

What should I do if I suffer a pothole-related cycling accident?

You can follow these steps following an accident:

Photograph the accident site: In the first instance, you should take photographs of the road condition and get a quote for any damage to your bike or other property. In this day and age, this is more possible than ever, as the most prepared cyclists invest in wearable cameras to cover their backs in the case of an accident. Although photos are good for capturing the state of the scene of the road accident, wearable cameras are highly reliable as they sometimes prove exactly how the incident happened. In some cases, wearable cameras can even help victims avoid the possibility of the authority in question contesting the case, as they have no reasonable grounds to argue against if the incident is clearly caught on camera.
Report the incident: Following this, you should then report the defect to the highway authority responsible for maintaining the road. It is also advisable to look on Potholes.co.uk to see if the highway has already been reported. If it has, be sure to make a note of this.
Speak to a solicitor: A solicitor will be able to give you some advice on making a claim. In the unfortunate event you sustained an injury, the claims process is quite complicated and lengthy, so you would be well advised to appoint a solicitor with experience of successful cycling accident claims.
Decide whether to proceed with a claim: If there is injury involved and the claim is worth a substantial sum, solicitors may offer to accept the claim on a no-win, no-fee basis. However, if it is a relatively minor claim (i.e. worth less than £10,000) and no injury has occurred you, won’t be able to claim your legal costs back. In this case, you will either have to pay your legal fees yourself or make a direct claim to the council. If you do decide to take up matters with the council yourself, without legal advice or support, the council may well argue that they have a proper maintenance procedure in place which can be a valid defence to your claim under section 58 of the Highways Act.

Seek Professional Advice

Going alone in a cycling accident case can be a lengthy process. You will need to submit a Freedom of Information request to obtain a copy of the procedure and details of when the site of the road accident was last inspected and/or repaired. If the inspection and repair records show that the maintenance procedure was not followed then your claim should succeed.

Having an experienced personal injury solicitor in your corner will help you to get back on your feet, and, more importantly, back on your bike.

It is worth noting that any claims for personal injury must be brought within three years of the accident, and all other claims within six years of the accident.