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Cyclist wins four-figure sum from council after pothole crash

Another rider had already notified council of road defect but no action taken to inspect or repair it

A cyclist who sustained injuries to his back, side and shoulder after crashing due to a 9cm deep pothole filled with water, which had already been reported by a rider who had previously crashed there, has won a four-figure sum in compensation from Cheshire East Council.

The law firm that acted for him is now calling on the council to change its procedures to ensure such defects are identified and remedied quickly.

John Whittle came of his bike as he rode along Mottram Road in Alderley Edge, Cheshire, having failed to see the pothole due to the water. The council initially denied liability, but settled with him after court proceedings were issued.

JMW Solicitors, which acted for Mr Whittle, has called on the council to change its Highways Policy with regard to ‘Category 1’ potholes.

Currently, such defects need to be fixed the next working day following inspection, but there is no stipulation on how soon the pothole should be inspected after it is reported.

Mr Whittle said: “I’ve been a cyclist for many years, so I’m used to looking out for potholes given the atrocious state of the roads – this one was filled with water, so I didn’t see it and before I knew it I was on the ground, having injured my back, side and shoulder.

“The injuries caused me issues at work for several weeks and were obviously very painful, but it could have been much worse.

“It’s disappointing that the council took so long to investigate the pothole, putting more people in danger.”

Nadia Kerr, a partner at JMW Solicitors, said: “This accident has exposed serious failings in the way dangerous potholes are inspected – the clock should start ticking as soon as a pothole is reported, but in reality, it can take days for an inspector to assess it.

“A 9cm-deep pothole has the potential to cause serious injury – this accident was nasty but it could have been much worse – particularly if John was sharing the narrow road with vehicle.”

The law firm’s own investigation discovered that a cyclist previously injured after crashing at the same location had reported the pothole to the council.

A subsequent report mentioned a “deep” and “dangerous” pothole filled with water and referred to a cyclist having come off his bike.

According to JMW, had the council identified the pothole mentioned in that report as needing urgent inspection and repair, Mr Whittle’s own crash would not have happened.

Ms Kerr said: “The Highways Policy needs a careful re-think to make sure that dangerous potholes like this one are inspected much sooner – lack of resources is not a defence.

“Cyclists risk injury every day but councils must do more to prevent accidents like this – or worse.

“Until the Highways Policy is changed, the number of compensation claims will continue to rise, and cyclists will continue to be at risk and sustain injuries which are preventable,” she added.

Research from Cycling UK, published last year to coincide with the inaugural National Pothole Week, found that pothole claims from cyclists cost councils 25 times as much as those from drivers, primarily because of the greater likelihood of serious injury or even death.

> Pothole claims from cyclists cost councils 25 times more than those from drivers

According to official figures, since 2007, at least 431 cyclists were killed or seriously injured in Great Britain as a result of poor road surfaces, including potholes.

Simon joined as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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Pilot Pete | 3 years ago

I have suggested that potholes within 1.5m of the edge of the carriageway should be prioritised for repair as they disproportionately affect the safety of cyclists.


TheBillder replied to Pilot Pete | 3 years ago
1 like

It would be a start if potholes with a bottom within 1.5m of the surface could be done.

Boopop | 3 years ago
1 like

"Cyclists risk injury every day" odd thing to say to my mind, everyone risks injury every day. The only way to not be at risk of injury is to be dead, surely.

Bishop0151 replied to Boopop | 3 years ago

I think the implication is intended to be that cyclists have to adopt an above normal, or above average, risk every day.

That is born out in the KSI statistics.

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