10 December 2013

Rainwater Concealed Pothole on Seven Sisters Road


 

The Law on Potholes

If a highways authority cannot demonstrate that they have a reasonable system of maintenance in place they are likely to be liable for any injury caused to road users who suffer injury due to disrepair.

In our experience,  while all highways authorities these days have a maintenance policy which takes account, for example,  of how heavily used a particular road may be,  they can fall down on implementation of inspections and repairs.

Often local authority will deny liability in a pothole claim and whenever they do so they are duty bound to provide disclosure of their maintenance records.   We always closely analyse such records to identify any failure in the inspection regime that gives rise to a breach of duty.

A recent case
 
 

Over the years Dowse & Co  have run many successful claims for cyclists injured by potholes. 

In May 2012 one of our clients was cycling home along Seven Sisters Road at about 10pm.   There were a number of bricks missing from the surround of a drain cover at the time and this hole was concealed by rainwater.   Our client’s front wheel was trapped in the pothole and she was thrown over the handlebars,  landing on the road.

Following a letter of claim,  on this occasion Transport for London admitted liability no doubt because their maintenance records were poor.

They did not argue that our client had contributed to the accident by not keeping a proper lookout of the road surface in front of her because the pothole was concealed underneath rainwater and it was night time.  

 
Damages

 
Our client recovered £4,500 damages.  

Besides her physical injuries,  she developed travel anxiety relating to cycling for nearly 12 months and lacked the confidence  to return to cycling.

Cycling had been her main form of transport and as a consequence we were able to submit a claim for purchase of a weekly Oyster card for a 12 month period.  That item of loss alone totalled nearly £500.  TfL did not argue about the loss because our client was able to supply a full set of records referring to her Oyster card.

If you have an accident make sure you take some decent photographs shortly afterwards of the pothole as evidence. Sometimes we can also get evidence from witnesses who live on the street who can say how long the road have been in poor condition.  

For further advice contact one of our personal injury lawyers – Patrick Spence or Myles Hickey on 020-7254 6205.