Compensation claim news
09/04/2009

Pothole accident cyclist wins compensation

The dangers of potholes have again been highlighted after a cyclist who encountered a hole in the road has been awarded £7,600 in accident compensation.

The Berkshire man suffered broken ribs and a dislocated shoulder after contact with a pothole caused him to be thrown from his bike whilst riding along the B400, Lambourn to Newbury stretch.

He told journalists, "I'm an avid cyclist and travel this route regularly. On the day of the accident, the weather was clear but the pothole in the road was not visible from my bike.  As I went over the pothole, the handlebars from my bike immediately ripped out of my hands, causing me to lose my balance and I crashed to the ground."

"The accident had a significant impact on my lifestyle - I was unable to work for two weeks after the fall, and after that could only work in half capacity for a further six weeks and had to depend on my partner to help keep things afloat.  I'm still able to cycle but due to the pain in my left shoulder and arm, I can't ride for long periods like I used to."

The personal injury lawyer acting on behalf of the cyclist said the likelihood of accident compensation depends on a host of factors.

He told BikeRadar.com, "The duty of the authority responsible for road safety under the Highways Act 1980 is to keep roads in such a state as to be safe and fit for ordinary traffic."

However, he added, "It is worth noting that the highway authority will escape responsibility if it has a reasonable system of inspection and maintenance, which could not have prevented road users being exposed to the danger. If the authority cannot reasonably be expected to know about the road defect (because it has just appeared, for example) then it may escape liability."

To ensure the best possibility of winning accident compensation in a pothole claim the advice of a personal injury solicitor is strongly recommended.

 

 
 
 
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