Motorbike Accidents

comercrawley

the personal injury lawyers

 Your questions answered ……

Question:  I recently had an accident when the front wheel of my motorbike went into a pothole.  I lost control of my bike and ended up with a broken arm.  Can you please advise me about making a claim for compensation.

Answer:  This is quite a topical subject with the large amount of potholes having developed or become worse following the recent cold and snowy weather conditions.

The starting point in terms of advising you is to establish whether the pothole was on land which is publicly or privately owned (or, more specifically, maintained). 

Most pothole claims arise from accidents that occur on public roads and in such cases the claim is normally made to the local authority who are responsible for maintaining the road at public expense. 

The first thing that will need to be proven is that the size of the pothole (and most importantly its depth) was such that it constituted a hazard that should have been repaired.  Photographs and measurements of the pothole are therefore important.

The next stage effectively involves proving that the council were either aware of the hazard or should have been aware of the hazard through their system of carrying out regular inspections of the highway.  Thereafter the council should act within a reasonable timescale in terms of arranging for the repairs to the highway to be carried out.  Councils keep records relating to the inspection and maintenance of the highway as well as records of complaints about the condition of the highway.

Every case however is decided on its own individual facts and other relevant considerations include where the pothole was and whether there had been any previous accidents or complaints.

If however the accident occurred on private land, then the claim will instead be made to the individual or organisation who owns or is responsible for maintaining the land.  The law is different to highway claims but, in general terms, such claims can often be easier to prove as a private landowner would be expected to inspect the area more often and can also act sooner in terms of arranging for a pothole to be repaired (or sectioned off) once it has started to form.

If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss Norfolk, IP22 4HZ.