Pothole Cycling Injury: Can You Claim?

You’re cycling along your usual route. Maybe it’s your commute, maybe it’s a weekend spin. Bang. Your wheel catches a deep pothole. You hit the tarmac hard.

Now you’re injured. Your bike’s a mess. And you're wondering if this is just bad luck… or something more.

It’s not just bad luck. It’s negligence.

Councils and local authorities have a legal duty to maintain the roads we all use, including the ones us cyclists rely on. When they fail to do that, and someone gets hurt, they can be held responsible.

But here’s the catch.

Pothole claims are tough to win unless you act quickly and know what evidence to gather.

That’s where we come in.

At Cycle Legal, we specialise in cycling-specific claims. Including those involving poor road surfaces, loose drains, cracked cycle lanes, and dangerous infrastructure. If a pothole caused your accident, this guide will walk you through everything you need to know to make a successful claim.

Can You Claim for a Pothole Accident?

Yes. If the local council or highways authority failed in their legal duty to maintain the road, you may be able to claim compensation for your injuries.

Under the Highways Act 1980, councils must keep roads in a “reasonably safe condition.” That includes identifying and fixing dangerous potholes within a reasonable time.

But just because a pothole exists doesn’t automatically mean the council is liable. To make a successful claim, you need to prove the following:

A. The pothole was dangerous

In general, a pothole needs to be:

At least 40mm deep (about the height of a 10p coin stood on edge)
Wide enough to pose a clear risk to cyclists

Councils often argue a defect is not serious enough. This is why clear photos and measurements are so vital. Grab a quick picture with your phone if you can or have someone else do it for you. Failing that, return to the site of the accident and take it later.

B. They knew about it—or should have

This is often the key to your case. You’ll need to show that:

The pothole had been reported before your accident

The council failed to carry out proper inspections in the area

If they didn’t act on known defects, or skipped inspections, they may be held liable. The fact that the pothole is there to begin with strongly suggests it’s one of the two.

How Do You Prove the Council Knew (or Should Have Known)?

At Cycle Legal, we investigate this for you. But if you want to get started yourself, here’s how you can check:

Submit a Freedom of Information (FOI) request to the local council asking for:
- Road inspection records for the location
- Any reports or complaints made about the pothole
- Maintenance logs or repair schedules
Check online pothole reporting tools (like FixMyStreet or council-specific systems) to see if others have reported the issue before.
Speak to local cyclists or residents who may have seen or experienced the same pothole and can confirm how long it’s been there.

Even if the council denies prior knowledge, inspection failures or overdue checks can still prove liability.

We know what to ask for and how to challenge any weak or missing records.

C. Your injuries and losses were caused by the pothole

This means medical evidence, bike repair quotes, wage loss records, and ideally a detailed account of what happened.

Councils will fight hard to avoid liability but with the right evidence and a cycling-specific legal team, you stand a real chance of success.

What Evidence Do You Need?

To win a pothole cycling injury claim, evidence is everything. Councils will almost always deny fault at first. Therefore, the more proof you can gather, the stronger your case.

Here’s what we recommend collecting right away:

1. Photos of the Pothole

Take multiple angles: wide shots and close-ups
Place a coin, keys, or another object next to it for scale
Photograph any warning signs (or lack of them) nearby

2. Photos of the Scene and Your Injuries

Show where the accident happened
Include any damage to your bike, clothing, helmet, or gear
Take clear pictures of cuts, bruises, or swelling

3. Measurements

If safe, measure the depth and width of the pothole
Even a rough measurement (e.g. with your phone or a bank card) can help

4. Witness Details

Get names and contact information for anyone who saw the crash
If possible, ask them to send a short statement

5. Medical Records

Seek medical attention—even if the injury feels minor
Records from GPs, A&E, or physiotherapists are vital for proving the impact

6. Proof of Loss

Receipts for bike repairs or replacements
Payslips or invoices showing lost income
Travel or care expenses caused by the injury

7. Evidence of Prior Complaints (we can help with this)

We’ll check if the pothole had been reported before
We can also request the council’s inspection logs for that road

If you’ve missed some of this, don’t worry. Get what you can and we’ll help gather the rest.

For more information, be sure to check out our definitive guide on What to Do Immediately After a Cycling Accident.

Time Limits and Reporting Requirements

When it comes to pothole claims, time is of the essence. This isn’t solely for legal reasons, but because councils will quickly deny liability if evidence goes missing.

Legal Time Limit

You generally have three years from the date of the accident to make a personal injury claim.

But when claiming against a local authority, you often need to:

Report the accident as soon as possible (ideally within days)
Notify the council of your intention to claim within six months

Some councils even set internal deadlines as short as 28 days for investigating reported hazards.

Why Act Fast?

The pothole may get repaired—removing key evidence
Inspection records and CCTV may be deleted
Witnesses forget details or become uncontactable

Even if you’re still recovering, get legal advice early. We can handle the reporting, evidence collection, and council correspondence on your behalf.

Common Council Defences (and How We Beat Them)

Even when the pothole seems clearly at fault, councils rarely admit liability without a fight. They’ll often rely on legal defences that shift blame or deny responsibility.

Here are the most common tactics—and how we push back.

“We didn’t know about it”

This is the go-to defence. Councils claim they weren’t aware of the pothole, so can’t be held liable.

Our response:
We dig into their inspection records. If they were overdue on checking that stretch of road, or didn’t act on previous reports, we argue they should have known.

“The pothole wasn’t dangerous”

They may say the defect didn’t meet the minimum criteria for urgent repair—usually 40mm deep.

Our response:
We use photos, witness statements, and expert reports to prove the pothole posed a clear risk, especially to cyclists.

“The road was inspected recently”

Councils often point to recent inspections as proof they did their job.

Our response:
We review those inspection logs. If the pothole was missed or not properly recorded, we challenge their maintenance procedures.

“You were partly to blame”

Sometimes they argue contributory negligence—that you were riding too fast, not paying attention, or should have avoided it.

Our response:
We push back with evidence of your safe riding, visibility, weather conditions, and bike control. Even if partial fault applies, you may still receive reduced compensation.

These defences are common. They’re also very beatable. With the right legal strategy, many pothole claims succeed.

What Can You Claim For?

If a pothole caused your cycling accident, you may be able to claim for far more than just your damaged bike. A well-prepared legal case takes into account the full impact on your health, finances, and quality of life.

Here’s what you could claim:

Medical Expenses

GP visits, hospital treatment, scans, physiotherapy, and any private care linked to your injury.

Loss of Earnings

If your injuries forced you to take time off work, or reduced your ability to earn, you can claim for lost income—past and future.

Bike and Equipment Damage

Repair or replacement costs for your bike, helmet, clothing, accessories, or tech (like a GPS or phone damaged in the fall).

Travel or Care Costs

If you’ve had to rely on taxis, public transport, or help from others during your recovery, those costs can be included.

Pain, Suffering, and Loss of Amenity

Compensation for physical pain, emotional distress, and the effect on your ability to live your life normally—such as missing events, exercise, or social time.

We work to make sure nothing is left out. Every impact counts—and we’ll help you build a claim that reflects the full picture.

Why Use a Cycling Specialist?

Pothole claims are hard enough. Add in the complexity of cycling accidents—and general solicitors often miss what matters.

At Cycle Legal, this is all we do. We’re built for cyclists, by cyclists. That means we understand the risks you face, the injuries that happen, and the evidence needed to prove fault—even when a local authority tries to deny it.

Here’s what makes us different:

We understand the roads.
We know how potholes affect bikes—not just cars. We’ve handled cases involving cracked tarmac, sunken drains, and dangerous cycle lanes.

We understand the injuries.
From broken wrists to serious head injuries, we’ve seen how pothole crashes change lives. We work with top medical experts to get you the support you need.

We fight harder.
We’ve dealt with the toughest council defences and know how to challenge inspection records, maintenance logs, and denial tactics.

You’ll work directly with Kevin.
No call centres. No automated updates. Just real legal advice from a solicitor who’s handled some of the UK’s most important cycling cases.

You only get one chance to make your claim. Make sure it’s with someone who truly understands what’s at stake.

Injured because of a pothole? Don’t let the council off the hook—and don’t try to navigate the claims process alone.