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Compensation for Injuries from a Motorbike Crash Due to a Pothole

I recently suffered a back injury after my motorbike dipped into a pothole, throwing me to the parallel footpath – am I entitled to pursue a claim for compensation?

You may be entitled to compensation for injuries from a motorbike crash, however in order to do so you must first be able to identify a negligent party and be able to prove that they failed in their duty of care towards you. In most road traffic accidents, a claimant pursues a claim for compensation against the insurance company of a negligent driver – however, as there is no other driver to claim from, you will have to pursue compensation from another source.

An accident which occurs because of the presence of a road defect may mean that you are able to pursue compensation for injuries from a motorbike crash due to a pothole from whoever is in charge of the maintenance and upkeep of the road. Potholes, which can form for a number of reasons, including the freezing and subsequent expansion of water and the overuse of the road by heavy vehicles, are the responsibility of whoever is in charge of maintaining the road – in most cases this is a local council, a land owner or a private roads company.

Once you have identified the party responsible for the upkeep of the road, you will have to prove that they failed in their duty of care towards you. If obtainable, you should begin to collect evidence such as statements from eye-witnesses and CCTV camera footage immediately. If these forms of evidence are not available, you should ensure that you take pictures of the pothole and any damage to your bike – this may allow you to prove that the pothole presents a hazard to road users.

Even if you are able to prove that the pothole presents a danger to motorists and that you were injured in an accident because of it, you may have to go further to ensure that you receive a compensation settlement. In order to be able to claim compensation for a motorbike injury, you may have to prove that the pothole was present for a time which can be deemed longer than “reasonable”. As UK roads are subject to freezing and are regularly battered by heavy traffic, potholes are largely unavoidable, and in some cases the parties responsible for maintaining the roads cannot be blamed.

It is impossible to ascertain from the lack of detail in your question whether or not you are entitled to pursue acclaim compensation for a motorbike injury. In order to have your claim examined more closely, speak with a personal injury claims solicitor at the first available opportunity. Persons who are injured in an accident should ensure that they speak with a solicitor as soon as possible after the accident in order to maximise their chances of receiving the highest possible award.

Aside from being able to ascertain whether or not claimants injured in an accident are eligible to claim compensation for injuries from a motorbike crash due to a pothole, a solicitor may also be able to provide an estimate of how much an accident victim seeking to claim compensation for a motorbike accident may be able to be awarded, and what their chances are of obtaining their maximum possible entitlement.