Advertorial: Injuries from Potholes

How to claim for an injury caused by hitting a pothole?

RST Cycle Clothing & Trigon Bikes

Advertorial: Injuries from Potholes

We all dread seeing a pothole while navigating Britain’s roads. Do we risk our safety and the safety of others by swerving to avoid the jagged looking pit, potentially into oncoming traffic? Or do we risk our tires and press forward, despite what danger that may cause?

Even when driving a car this is a dangerous situation and not one of our making. Imagine though that you took this risk without being protected by several inches of metal, glass, and fiberglass. Or imagine facing this danger without your seatbelt and airbag to keep you safe. Potholes are a danger to all road users, but the risk of injury following an accident involving a pothole increases exponentially to cyclists.

For most cyclists being able to take your bike on the roads is more than just a mode of transport, for many, it’s a lifestyle that comes with many rewarding perks. However, unfortunately, cycling comes with its fair share of increasing risks, potholes being one of them. Where more and more people are embracing cycling, accidents involving cyclists continue to rise. As local councils do everything in their power to make ends meet in the face of increasing austerity, some road repair on lesser-used roads may fall by the wayside. This situation means it’s riskier to be a cyclist than ever before.

Roads are in need of maintenance and potholes appear over time. Where a road is left unmaintained or if the local council has not filled in the potholes, then the council is at fault. Cyclists like all of us, pay their council tax and expect roads to be safe for them to travel on. If this has not been done then accidents involving potholes are bound to occur eventually, and sadly to increase.

Cyclists arguably need to be more alert than most road users as they are more vulnerable than motorists. Should they suffer an accident, they need to know where to turn, as more often than not, the accident was not their fault. This is especially true where potholes are concerned. If they have sustained an injury from the accident, then they may be due to a significant amount of compensation.

Specialist solicitors such as those at Cycle SOS have years of experience with helping cyclists who have suffered an injury from a pothole related accident receive the compensation they. Most specialist solicitors offer a free no obligation consultation to help cyclists who may have recently been in an accident identify if they have a case, and what compensation they may be due. Many specialist solicitors also offer ‘no win no fee,’ meaning those who inquire will not be at risk of financial loss if their case does not end in compensation.

The advice from a specialist alone is sometimes enough to help put a victims mind at ease. As the consultation is the first stage of the process, it’s mostly designed to be a fact-finding exercise. A consultation will help the client learn if legal action is the right thing to do without the pressure or an expensive bill at the end. The meeting with a solicitor allows the client to ask all the questions they wish to a professional who understands these matters enabling them to make the right decision.

Specialist solicitors will also do all the work involved for their clients as part of the service. While the amount of compensation received can vary depending on the individual, the injury and other factors, most specialist solicitors have a free compensation calculator on their websites. A compensation calculator allows those who have been in a cycling accident to get a decent idea of what they may be entitled to before applying. Once the case is active, cyclists who have been in an accident are then assigned their legal representative. This representative serves as a point of contact and will handhold the client through the whole process.

Injuries from cycling accident involving a pothole can come in many shapes and forms, but there are some that are considered the most common and lead to compensation. These are often referred to as ‘general damages’ and have certain amounts of compensation associated with each depending on the solicitor. The injuries are:

 - Skin abrasions (Otherwise known as ‘road rash’)
 - Injuries to the neck, shoulders, and back
 - Fractured or broken bones
 - Damage to muscles or other tissue
 - Concussion and/or head injury
 - Anxiety and other associated psychological injuries

 

There is also ‘special damages’ which are much more individual and tailored to every specific case. They are to do with any financial loss the victim has sustained following a pothole accident. The amounts can vary and be extensive, but here is a list of what counts as special damages:

– Damage to the bike itself- Bikes are expensive, and the accident may result in the bike needing to be repaired or replaced.

– Damaged to clothing and accessories – Any gadgets attached to the bike, your mobile phone, iPod or cycling clothing may need replacing or repairing.

– Alternative travel arrangements – Lots of cyclists use their bike to get to work and to get around in their daily lives. If the bike is being repaired or replaced, then the victim may be able to claim back petrol costs or bus fair as an example.

Loss of earnings – The accident may have resulted in the cyclist taking time off work. Losing the ability to earn can be the most expensive of all and can be claimed back.

Naturally, every claim is different and needs individually assessing, but specialist solicitors are always on hand to help those who need advice after an accident. If the accident was involving a pothole, then it was not the cyclist’s fault, and compensation is likely.

Speaking to a specialist solicitor is sometimes the only way this can be achieved so it’s always worth picking up the phone and seeing what you may be entitled. Cyclists are just as important as any other road user and deserve to be treated the same way. As potholes are an enormous danger to cyclists, these cases need to be handled with care.

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