News

Councils must Pay the Price for Potholes

The recent freezing weather may have subsided for now, but it has left an equally treacherous legacy in the number of potholes on Lincolnshire’s roads.

Cyclists and motorbike owners are particularly vulnerable to injury, and Gainsborough solicitors firm Burton and Dyson is urging road users to report any damage to road surfaces they see.

If councils fail to repair potholes in a timely manner, any cyclist or biker who is injured though hitting one may be able to make a claim for compensation. It is also possible to claim compensation for any damage to cycles, helmets or other personal belongings damaged in the accident.

However, a local authority will not be held responsible in all cases, and the verdict will generally rest on whether there is a reasonable system of road inspection and repair and whether the authority has acted on reports of damage.

Burton and Dyson senior partner Philip Westcott said: “This is one reason why cyclists should report potholes – if they, or another cyclist, have an accident where the local authority was aware of the damage and has not acted, they would certainly have a good case against the council concerned.

“Councils can’t be expected to know about every pothole immediately, but should carry out repairs as soon as possible once they are aware of a problem. If a pothole has been there for longer than a few days – particularly on a major route – it could be argued that the council has not made enough of an effort to deal with the situation.”

Potholes are caused when water, which has got into the tarmac on roads, freezes and expands. This forces the surface upwards, then when the ice melts, the weakened road may collapse from the weight of traffic overhead. Last month was the coldest January for over 20 years, leading to an increase in the amount of damage to the nation’s roads.

For more information call 01427 610761.