Serious accident after hitting pothole

Serious accident after hitting pothole

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OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
My wife hit a serious pothole whilst out on a ride earlier today. Looking at the absolute mess of the road it’s been neglected for years.

She is a relative beginner cyclist who was just getting into it, and her confidence was growing by the day.

She’s currently being seen in A&E. She is in an absolute state, with deep lacerations all over her face, she looks like she’s gone ten rounds with Tyson.

I’m absolutely fuming. Had the roads been busier or the traffic that was behind her not alert, it’s not remotely exaggerating to say she could have been killed today.

Obviously the most important thing is that she’s ok, but I of course want to discuss what’s happened with the local authority. Who would I even ask to talk to about this? Should I be seeking legal advice?

Aside from the injuries and trauma that she’s sustained (I fully expect that she’ll never want to see a bicycle again after this) she also has broken glasses, a damaged bike and a smashed Apple Watch to show for it.

Absolutely fuming, and totally heartbroken for her after finding something she was loving doing.

Look at the absolute state of this road and depth of the pothole






Edited by OriginalFDM on Monday 25th May 13:20

MockingJay

1,312 posts

135 months

Monday 25th May 2020
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Not much help, but a few years ago two lads in the group hit a deep pothole around a drain cover, one broken collarbone and one broken arm, two badly damaged bikes and.. the council filled the pothole within 48 hours.

HTP99

23,134 posts

146 months

Monday 25th May 2020
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I'm amazed that with the state of the roads, particularly closer to the kerb where a bike is supposed to be, that there are so many cyclists in this country, I think its utter madness.

A guy in the area where I work was killed a couple of years ago, he hit a pothole.

ruggedscotty

5,762 posts

215 months

Monday 25th May 2020
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Photograph of pothole and surrounding area, photographs of injuries and medical report A&E own doctor, list of injuries and approach a lawyer.... they will advise. effect injury has on wife, impact to life etc...

terrible state of roads just now.

essayer

9,461 posts

200 months

Monday 25th May 2020
quotequote all
Sorry about this. Hope your wife is bearing up OK.

It’s usually the county council or equivalent who is responsible for maintenance - larger roads are Highways Agency but I assume it’s not one of those.

The bottom line is - they are not responsible if they have maintained the road to the correct standard.
That means
- they inspected the road at the required intervals (these depend on the classification of the road), and
- any defects were categorised and repaired within the correct period of time

Basically a small pothole on a rural road could be put down as repair within 14 working days; a major subsidence on an A road would be emergency/24hr

So the usual procedure is
- report the pothole, with photos etc so that they can get the ball rolling to repair it
- ask the council for the road maintenance records for the road in question (you’ll probably need to put in a FOI)
- determine whether the road was inspected in the right timescale for the type of road
- check whether the pothole she hit was already reported and assessed
- check whether they repaired it within the right amount of time

It can take months and months unfortunately, and that’s without COVID.



OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
Thanks guys for the input. Took plenty of photos at the scene of the state of the road and the injuries sustained, damaged caused.

Have messaged the council on twitter and asked for the contact details of someone to speak to just to get the ball rolling on at least getting the bloody road repaired.

Looking at the state of it it’s hard to conceive how this could have been maintained to an acceptable standard.

witko999

656 posts

214 months

Monday 25th May 2020
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It's unfortunate what has happened to your wife. But what would you consider an acceptable outcome?

Repaired pothole?
Compensation?
Something else?

I'm not trying to be confrontational but practically every road in my local area looks like that and worse. I'm personally fed up of my suspension bushes and drop links taking a beating, but road repairs seem to be such a low priority right now that I'm not sure it's worth any effort. I'm sure dealing with your council will be like banging your head against a brick wall.

A bump like that should be easily negotiated on a bike. Maybe she just needs a bit more training to get her skills up.

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
witko999 said:
It's unfortunate what has happened to your wife. But what would you consider an acceptable outcome?

Repaired pothole?
Compensation?
Something else?

I'm not trying to be confrontational but practically every road in my local area looks like that and worse. I'm personally fed up of my suspension bushes and drop links taking a beating, but road repairs seem to be such a low priority right now that I'm not sure it's worth any effort. I'm sure dealing with your council will be like banging your head against a brick wall.

A bump like that should be easily negotiated on a bike. Maybe she just needs a bit more training to get her skills up.
I would consider an acceptable outcome the repair of a dangerously neglected patch of road and a discussion around making right the financial losses we’ve suffered as a result, as a starter for ten.

I should have added that this is a steep hill (we were travelling down it). High speed and badly neglected road. She was travelling behind me and I was travelling behind a car so had the added difficulty of assessing the road with traffic in front.

I get where you’re coming from, and I hate the compensation culture mindset of trivial things like ‘my coffee’s hot’, but the sole cause of the accident was the state of the road.

It could well leave my wife with permanent facial scarring, and we’ve had c. £1200 of equipment damaged to boot, so am I meant to just accept that it’s no big deal?

i4got

5,732 posts

84 months

Monday 25th May 2020
quotequote all
OriginalFDM said:
I would consider an acceptable outcome the repair of a dangerously neglected patch of road and a discussion around making right the financial losses we’ve suffered as a result, as a starter for ten.

I should have added that this is a steep hill (we were travelling down it). High speed and badly neglected road. She was travelling behind me and I was travelling behind a car so had the added difficulty of assessing the road with traffic in front.

I get where you’re coming from, and I hate the compensation culture mindset of trivial things like ‘my coffee’s hot’, but the sole cause of the accident was the state of the road.

It could well leave my wife with permanent facial scarring, and we’ve had c. £1200 of equipment damaged to boot, so am I meant to just accept that it’s no big deal?
I'm not a big fan of compensation culture but in this case it seems completely justified to claim back any costs you have been subjected to. I'd make sure of the medical situation as well first as there may be costs to come there.


Pot Odds

287 posts

242 months

Monday 25th May 2020
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Wishing your wife all the best - sounds horrible.

Believe you me i hate the state of some of our roads compared to some of the lovely silky smooth roads ive ridden in France etc. The problem is that the budgets just aren't there. Local government / highway maintenance has taken a kicking and no doubt it'll only get worse. I feel some sympathy for those balancing the budget books - there isn't enough money and we'd all love fantastic services but on the whole don't want to pay extra for it.

On the legal thing though perhaps just read through your posts when things calm down and she is back home and safe:

'She is a relative beginner cyclist who was just getting into it, and her confidence was growing by the day.'

'I should have added that this is a steep hill (we were travelling down it). High speed and badly neglected road. She was travelling behind me and I was travelling behind a car so had the added difficulty of assessing the road with traffic in front.'

I honestly wish her all the best and am similarly claims adverse but horrible things like this start making you consider it.


t400ble

1,804 posts

127 months

Monday 25th May 2020
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How far to the left of the road was she? Are they yellow lines?

WonkeyDonkey

2,396 posts

109 months

Monday 25th May 2020
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Do cyclists not have eyes?

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
t400ble said:
How far to the left of the road was she? Are they yellow lines?
Impossible for me to say, I was ahead at the time. Yes they’re double yellows but the damage to the road is substantial well out almost into the middle of the road

PrinceRupert

11,585 posts

91 months

Monday 25th May 2020
quotequote all
Why was a beginner cyclist bombing down a poorly surfaced steep hill so close behind a car so you couldn't see the road surface?

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
Pot Odds said:
Wishing your wife all the best - sounds horrible.

Believe you me i hate the state of some of our roads compared to some of the lovely silky smooth roads ive ridden in France etc. The problem is that the budgets just aren't there. Local government / highway maintenance has taken a kicking and no doubt it'll only get worse. I feel some sympathy for those balancing the budget books - there isn't enough money and we'd all love fantastic services but on the whole don't want to pay extra for it.

On the legal thing though perhaps just read through your posts when things calm down and she is back home and safe:

'She is a relative beginner cyclist who was just getting into it, and her confidence was growing by the day.'

'I should have added that this is a steep hill (we were travelling down it). High speed and badly neglected road. She was travelling behind me and I was travelling behind a car so had the added difficulty of assessing the road with traffic in front.'

I honestly wish her all the best and am similarly claims adverse but horrible things like this start making you consider it.
All fair points. But someone’s going to get very seriously hurt there if it’s not sorted, and given some of the absolute nonsense our council have wasted money on in recent years it’s damn poor that it’s in the state it’s in.

She was well used to travelling up and down hills where the roads were in better condition. She’s been down much faster and busier roads in recent days/weeks without any issues whatsoever.

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
WonkeyDonkey said:
Do cyclists not have eyes?
Unnecessary. Are you immune from an accident in your car or on foot thanks to your eyes?

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
PrinceRupert said:
Why was a beginner cyclist bombing down a poorly surfaced steep hill so close behind a car so you couldn't see the road surface?
‘Bombing it’ is a bit of an overstatement. She’d have been riding her brake a little no doubt. The state of the road wasn’t apparent until we got to it, the road was in good condition on the approach to the descent and with traffic in front it’s just not always possible to examine every inch of the road surface before corrective action is necessary.

She had traffic to her rear so was probably also concerned about going out too wide into the road not knowing whether the traffic would be trying to pass

mickyh7

2,347 posts

92 months

Monday 25th May 2020
quotequote all
Hope she recovers.
Do you have any pictures of the actual road. All I can see is the very side of the road, with damage to the left of the Yellow Lines.
The part I would never ride over.
As said, travelling at speed ,downhill, inexperienced and what sounds like keeping up with a car.
Shes behind you, so you didn't see what happened.
It's really st.
But it doesn't sound great for a claim to go your way going on the facts in your post and your photos.
The council will have big legal guns.
Appreciate your furious at the moment, and yes she could have been killed. Fortunately she wasn't.

Donbot

4,112 posts

133 months

Monday 25th May 2020
quotequote all
I'd put down as an accident and be kicking myself for not being more careful.

As a poster said above, there are crap roads like that all around the place, and you need to be scanning the road surface at all times.

OriginalFDM

Original Poster:

402 posts

81 months

Monday 25th May 2020
quotequote all
mickyh7 said:
Hope she recovers.
Do you have any pictures of the actual road. All I can see is the very side of the road, with damage to the left of the Yellow Lines.
The part I would never ride over.
As said, travelling at speed ,downhill, inexperienced and what sounds like keeping up with a car.
Shes behind you, so you didn't see what happened.
It's really st.
But it doesn't sound great for a claim to go your way going on the facts in your post and your photos.
The council will have big legal guns.
Appreciate your furious at the moment, and yes she could have been killed. Fortunately she wasn't.
Yeah get all that. Perhaps I’ll feel differently when the dust settles. I’m just livid at the state of the road and so upset for her that she had finally found something she was absolute loving, a bit of positivity in an otherwise st time and now she’ll probably never want to see a bike again let alone get out on one.