Pot Holes and Suing Local Authorities

[Hacienda71]

I am writing this from a hospital bed having hit a pothole on Friday night and being flung over the bars into oncoming traffic. Broken pelvis and severe bruising. Currently unable to walk even with a zima frame.
I am not a great believer of the if there is a blame there is a claim ethos, but I am seriously contemplating it this time. The roads in my LA area have been deteriorating for years and my rides now seem to involve swerving around and bunny hopping over holes many of which would take out a car wheel not just a bike. I've burst tyres and buckled wheels, but this is the last straw.
Has anyone sued a local authority for similar?
Yours rather pissed off from Cheshire.

 

[classic33]

Bloody hell, hope you're not as badly hurt as it reads.

Don't rush getting back on yer feet. And do what the nurses tell you!


Are you able to get pictures of what you hit, before any repair is made to it.

 

[ebikeerwidnes]

WOW - sorry to hear that

Hope you feel better soon - although it will clearly take some time - sending best wishes.

On the subject of potholes
I have heard that some councils work on the basis that the money it costs to fix the potholes is less than the money they have to pay out in court actions

Also - and very importantly - they are not responsible for someone hitting a pothole unless they have a reason to know it is there and have had a reasonable amount of time to fix it.

Hence - I have started making note of potholes around here and reporting them as soon as I get home. Once reported they have to respond within a set amount of time.
I have found that this is normally done around here - which is Halton not Cheshire
The other problem seems to be that the reporting method is not standardised so you have to identify the relevant council and then work out how to report it with them
and,of course, identify the exact place based on their criteria and requirements

if everyone did this is would probably cause havoc in councils - I think a lot of them depend on people not reporting them and just moaning - hence they 'don;t know about it' when someone tries to claim

 

[cyberknight]

GWS and good luck

 

[Hacienda71]

WOW - sorry to hear that

Hope you feel better soon - although it will clearly take some time - sending best wishes.

On the subject of potholes
I have heard that some councils work on the basis that the money it costs to fix the potholes is less than the money they have to pay out in court actions

Also - and very importantly - they are not responsible for someone hitting a pothole unless they have a reason to know it is there and have had a reasonable amount of time to fix it.

Hence - I have started making note of potholes around here and reporting them as soon as I get home. Once reported they have to respond within a set amount of time.
I have found that this is normally done around here - which is Halton not Cheshire
The other problem seems to be that the reporting method is not standardised so you have to identify the relevant council and then work out how to report it with them
and,of course, identify the exact place based on their criteria and requirements

if everyone did this is would probably cause havoc in councils - I think a lot of them depend on people not reporting them and just moaning - hence they 'don;t know about it' when someone tries to claim

Not sure if it will make a difference but they have identified that road as being in the top 25 requiring repair in Cheshire East so they are aware the surface is not good. It has been reported in the local press about 2 weeks ago.

 

[MntnMan62]

So sorry to hear of your accident. Unfortunately, I'm not sure you would have a claim unless you had notified the authorities repeatedly about the dangerous condition and your pleas were ignored. And you would have to be able to document those notifications. I'm not in the UK so I am unfamiliar with your laws but here in the US you really have to be able to prove you notified the municipality of a dangerous condition and your notifications were ignored. Even then, winning might be difficult. This is why I pay very good attention to watching what's in front of me. Our roads here in NJ suck as well. Here's hoping you have a speedy recovery.

 

[midlife]

Get well soon as they say . Personally I'd take legal advice..... Are you a member of anything with legal cover?

 

[classic33]

Worst I've done is actually taking the filling/rhino patching into the local highways department. It had been lying at the side of the road for nearly two weeks. They maintained that there was no problem, at the spot specified.

Other than that, a complete list of every hole on the commute, within the area covered by the council. Twice a day, each way soon allowed me to build the list up, combined with a map showing the locations. Ran to four sheets of A4, with each defect on a seperate line.

 

[fossyant]

My BIL did sue Stockport Council for two new tyres an won. Which road was it ?

 

[Hacienda71]

Knutsford Road Chorley near Wilmslow Golf Club.

 

[icowden]

Knutsford Road Chorley near Wilmslow Golf Club.

Take a look at
https://www.fixmystreet.com/around?lat=53.3117&lon=-2.25275&js=1&zoom=5

Is your pothole here (there are a LOT on this map assuming I have the right place)? If so the Council have been notified about it - FixMyStreet notify local councils.

Here is what MoneySavingExpert Martin has to say:-

Yet the authorities have a legal duty to maintain roads so they're safe for everyone to use. If they don't and your car's damaged, they should help pay the costs to repair it.

It's important to understand you can only claim anyway if the authority responsible for the road has been negligent. So if a cannon ball drops off a truck, causing a pothole which two minutes later damages your car, you've no right to claim – there's nothing the authorities could've done to prevent that.

So if you can demonstrate that the Council were aware of the condition of the road, then your local personal injury lawyer will be able to help you gain compensation. I would find one and discuss with them anyway, given the extent of your injuries. Remember - this isn't just trying to gauge the council for public money, this is also about claiming back the costs of your rehabilitation, taxis, takeaways etc whist you cannot do what you should be able to do, and would have been able to do if they had been carrying out their statutory duty.

 

[mjr]

I'm not in the UK so I am unfamiliar with your laws but here in the US you really have to be able to prove you notified the municipality of a dangerous condition and your notifications were ignored. Even then, winning might be difficult.

As I understand it, in England (other parts of the UK have different laws), you have to prove someone notified them long enough ago that they should have fixed it, not necessarily you notifying them, or that the defect had been there so long that their regular checks should have spotted it.

But winning is still difficult and fault reports are often answered with unbelievable "we could not find any problem at the location given" rather than fixes.

 

[icowden]

As I understand it, in England (other parts of the UK have different laws), you have to prove someone notified them long enough ago that they should have fixed it, not necessarily you notifying them, or that the defect had been there so long that their regular checks should have spotted it.

But winning is still difficult and fault reports are often answered with unbelievable "we could not find any problem at the location given" rather than fixes.

Whilst that is true, if I have found the right road, any Personal Injuiry Solicitor will be able to use FixMyStreet to demonstate that the Local Authority failed in its duty. There have been 50+ pothole reports on that road since January. If the OP can find the right pothole, it may also show a response from Chershire East Highways acknowledging the defect.

I'd say it's well worth a try.

 

[Tigerbiten]

Another thing to do is to try and get someone to take a picture of the pothole, before it gets filled.
If possible with a ruler/tape measure to show the size/length/width/depth of it.

GWS ........

 

[cougie uk]

Speak to these guys. The owner is a cyclist and sponsors events round here. I've not used her but friends and family have and they've had good results.

I did hear of a motorist local to here who sued the council for new tyres and wheels after he drove into an extended pavement so I don't see why you can't claim for the pothole damage.

Heal well.

https://www.alysonfrance.co.uk/