Potholes in the road can be a real problem for road users, including motorcyclists. They tend to be of particular concern in the winter when the process of freezing, melting and re-freezing causes the surface of the road to break up resulting in an increased number of potholes.
Making a Claim
Far too many motorcyclists are injured by potholes in the road. Larger potholes, in particular, can cause motorcyclists to lose control and be thrown from their vehicles often causing serious injury.
However, just because a motorcyclist has an accident involving a pothole it does not automatically follow that they will recover compensation. The law requires that the local authority, or whoever is responsible for maintaining the road, must do what is reasonable to ensure that road users are safe. That usually involves a system of inspection to ascertain and repair any significant defects. If the local authority does not have a reasonable system in place then you may well be able to make a claim.
It is important that photographs are obtained of the pothole. The photographs should be of good quality and in the photographs should be a ruler or tape measure which should accurately measure the dimensions of the pothole. It would also be sensible to photographs other defects in the area showing the general state of the road which may help in proving that the local authority do not have a reasonable system of inspection and maintenance in place.
Witness evidence is always helpful in proving liability. Witnesses may be able to give evidence as to the accident happening and also may be able to assist in terms of the length of time that a pothole has been present.
The accident may well have been reported to the police and the police report is likely to be a source of information to assist the claim.
Other evidence to be obtained might include medical records and a medical report documenting the injuries sustained.
Expert Legal Advice
At Macks we have great expertise and experience in dealing with motorbike claims involving potholes. A former local authority highway inspector is part of our team and we pride ourselves in obtaining the best possible evidence to purse a claim on your behalf involving motorcyclists and potholes in the road. Please contact us using our online claim form or call 01642 252 828.