Cycling Accidents Involving Potholes

If a cyclist is injured as a result of a pothole or defect on the road they were travelling on at the time of their accident, they may be able to pursue a cycling accident claim.

It is important to establish who is responsible for the defect or pothole. This is often a county council or unitary authority. In London, it will be the common council in the City of London, or if outside the city, the relevant London Borough. A simple search by area and postcode can assist in identifying who is the relevant authority.

If an accident occurs on a trunk road, then the Defendant will be the Secretary of State.

Section 41(1) Highways Act 1980 provides that "The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty to maintain the highway".