Created over time by extreme weather, soft ground or heavy traffic, potholes can be extremely dangerous for motorcyclists, damaging suspension, wheels and tyres and even throwing riders off their bikes and causing serious injuries.
Potholes can cause a motorbike rider to have what is known as a ‘tank slapper’, which is when the front end of the bike violently shakes from side to side, causing the rider to lose control. If following other traffic on unfamiliar roads, bike riders often don’t see potholes until it is too late.
Who is responsible for fixing potholes?
Under the Highways Act 1980, maintenance of public roads is the responsibility of either the highways authority or the local authority, depending on the road.
If the incident takes place on a private road managed by a business, then the business or private entity in question is legally obligated to keep the road safe - as outlined in the Occupiers Liability Act 1984 for Wales, England, and Northern Ireland, and the Occupiers' Liability (Scotland) Act 1960 for Scotland.
If you were injured in a bike accident caused by a pothole or poorly maintained road surface, then you may be able to make a claim for compensation against the body responsible for the road.
What should I do after a motorbike pothole accident?
- Collect evidence - Keep records of what happened and when (date and time). Include as much information as possible, including witness details, details of injuries, vehicle damage, how busy the road was, and even the weather. Take photos of the pothole and surroundings so that you can see the exact location of the pothole, and take measurements of the pothole if possible. All of this can be useful as part of your claim. Medical records, as well as any police reports can also provide crucial evidence.
- Report the pothole - With a pothole accident, it’s important to report the incident to the relevant authority, so that they can inspect the road and repair the pothole to prevent further accidents.
- Seek legal advice - It’s important to seek legal support as soon as possible. By using a personal injury solicitor who specialises in motorbike accidents, you’ll have the best possible chance of a successful claim. Contact the motorcycle accident claim experts to start a no-win-no-fee claim on 0330 0081218.
How do solicitors fight a motorbike pothole accident?
Pothole claims can be particularly tricky, due to the fact that you’ll need to prove that the council (or the authority responsible) was aware that the pothole was there. Under highways legislation, the highway authority can use what is called a special or statutory defence, which states that the court should consider “whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;”
Due to the complex nature of these cases, it’s always best to seek specialist legal advice to help support you in your claim for pothole compensation. A solicitor who is experienced in motorbike pothole claims will be able to help you navigate the claims process and can build a strong case against the relevant authority.
Why Biker SOS?
By choosing Biker SOS you’re choosing the motorbike accident specialists. We’ve handled 1 in 6 motorbike claims in the last 5 years alone – making us the largest specialist provider in the country.
We’ve successfully claimed for motorcyclists affected by pothole accidents claims. Our expert team will help you get you the compensation you deserve, supporting you throughout your claim, as well as your rehabilitation and recovery.
No Win No Fee
We understand the devastating impact a motorcycle accident can have on your life and the financial pressures it can bring, so we handle your claim on a No Win No Fee basis, meaning you won’t pay anything upfront to start your claim.