Motorcycle accidents can be common and disastrous. Motorists must always ensure to take extra care to look out for motorcyclists; but it’s not just other road users that can cause a rider injuries.
You can pursue a claim for compensation if you have an accident, or sustain an injury, from a defect in the road surface. Generally, cars can get away with driving over potholes or divots, usually unscathed. But a motorcyclist hitting a pothole or a road defect is an entirely different situation…
Rather obviously, a defect in the road could lead to a motorcyclist coming off of their bike – which could end up being disastrous on a busy road. I’ve said it before, and I shall say it again; riders don’t enjoy the added safety a car offers. The injuries sustained could be serious, especially on a busy road with cars around. If you’re lucky enough to manage to stay on your bike, you could still end up being injured. The defect could shake the bike to the extent that the rider could end up injured from the impact.
So, what should you do?
Well, claims against the local authority are not as straight forward as they may seem – so it’s definitely worth speaking to an expert independent lawyer for the best advice on claiming. The way the law works, is that the authority responsible for a particular stretch of highway has an important duty to regularly inspect and maintain the highway. If a defect appears shortly after an inspection has been carried out, and the defect was not present at the time the inspection was completed, then the authority can rely upon a statutory defence under The Highways Act 1980. The authority’s responsibility is to regularly inspect and maintain the highways. If they fail to do so, then a claim can be brought against them.
If a defect has been present for some time (often easy to establish if you have seen it before, or if it’s rather large and has obviously increased over time!), then it’s likely that the authority has failed to regularly inspect and maintain the highway. A claim can therefore be brought against them!
There are a few things you can do to put yourself in a good position before you speak to an expert solicitor. Taking photographs of the defect is great for Injury Lawyers to assess the merit of the claim quickly. Make sure you know the name of the road, and take photos of the general area as well as the defect, showing road signs or landmarks if possible.
We at The Injury Lawyers are more than happy to pursue a claim on behalf of an injured rider, and we will investigate whether the local authority has a statutory defence or not. We operate on a Genuine No Win No Fee basis – so if the claim ends up being unsuccessful, we won’t charge you a penny!
If the claim is successful, we still won’t charge you! We recover our fees directly from the other side’s insurance – we never make any deductions, and we will never make any charges to you. We are completely legally entitled to recover our fees from the opponent, and that’s exactly what we do.
For further advice on claiming, don’t hesitate to contact us for a free, no obligation chat!
