Filling you in on potholes

Close up of damaged asphalt road with large pothole filled with water. Bicycle wheel nearby. City street with cars parked along the side. Bad road condition.
Potholes can be particularly dangerous for people on bikes. Photo: Pete – stock.adobe.com
It’s peak pothole season, with dangerous craters pitting roads across the UK. Nadia Kerr of Fletchers Solicitors explains what you can do when you spot or, worse still, are knocked off by one

For drivers a pothole is an irritation: a jolt through the suspension and an expensive visit to the garage. For cyclists, it can be life changing.

A deep or badly positioned pothole can throw a rider from their bike, causing broken bones, head injuries and, in the most tragic cases, death. Damage to bikes, clothing and equipment is often the least of it.

Potholes form when water seeps into cracks in the road surface and freezes, expanding and breaking the tarmac apart, and leaving a hole when the ice melts. The more this repeats, the faster roads deteriorate.

Add heavier vehicles and overstretched maintenance budgets, and it’s no surprise that many cyclists feel the road is literally crumbling beneath their wheels.

The good news? Cyclists are not powerless and Cycling UK members are not alone.

Reporting potholes really matters

One of the most effective things cyclists can do is also one of the simplest: report dangerous defects when you see them. Local authorities are responsible for maintaining roads that are ‘maintainable at public expense’, but they are not expected to keep every road perfect at all times.

Instead, the law is based on ‘reasonableness’. Councils rely on inspection regimes and public reports to identify hazards and to decide what needs fixing soonest.

A composite image of the same pothole at different. The one on the left is filled with water. The one on the left you can see the bricks under the tarmac
A long-term road defect Nadia reported. Left: January 2020; Right: February 2020. Photos: Nadia Kerr

When you report a pothole:

  • It’s far more likely to be repaired, potentially preventing someone else being injured.
  • You help councils target limited resources where they are most needed.
  • You create a record of knowledge, which can be crucial if someone later makes a claim.

Cycling UK’s Fill That Hole tool is one of the easiest ways to report a defect. It automatically sends a report to the relevant highway authority. Some councils still resist third-party reports, but persistence pays off – and direct reports via council websites or phone lines also count.

When reporting, be specific. Use clear language such as ‘deep and hazardous pothole – dangerous for cyclists’ or ‘defect located in the typical cycling line’. If you’re willing to leave your contact details, you may also be able to help as a witness if someone else is injured there later.

When potholes cause crashes

If you’re unlucky enough to come off your bike because of a pothole, what you do next can make a huge difference. First, make sure you are safe, seeking medical attention if required. If you go to hospital or see your GP, be clear about how the injury happened. Specify that it was due to a pothole, not ‘a fall from a bike’.

Evidence is critical. Councils will often deny responsibility by saying the defect wasn’t big enough, hadn’t been there long enough or had already been inspected. Clear, accurate evidence helps counter this.

That’s where Cycle SOS and the team at Fletchers Solicitors come in. Cycling UK members have access to specialist cycling solicitors who understand pothole claims and know what evidence matters. Early advice can prevent simple mistakes and ensure key details aren’t lost.

Two photos of the same pothole at different times again. Both are filled with rain water this time. The left one has a church in the background, the right has a black car and blue bus going past
Left: July 2020; Right: September 2020. Photos: Nadia Kerr

Cycling UK has a video guide explaining what to do after a highway defect incident. It’s worth watching before you need it.

The casualty’s perspective

One Cycling UK member from Cheshire knows firsthand how important evidence and determination can be. While riding along a residential road, he hit a series of potholes hidden in the riding line and was thrown from his bike.

He suffered physical injuries and ongoing psychological effects. His bike was damaged and his confidence took a knock.

“I just remember hitting what looked like a puddle and being launched forward,” he says. “It all happened so fast.”

The local council initially denied any responsibility, stating that the road was inspected every three months and that no actionable defects had been recorded. They also claimed they had received no previous reports.

However, with support from Cycle SOS and specialist cycling lawyers at Fletchers Solicitors, the member was able to challenge this.

A local resident confirmed that multiple online reports about the potholes had been submitted in the weeks before the incident but had gone unanswered. A post-accident inspection later identified a defect at the scene, which was repaired shortly afterwards.

CYCLE129_FEATURE_POTHOLES_5 - September 2020 - response - crop.jpg
Following the final photo, Nadia received a reply saying it would be repaired. Persistence pays off! Photo: Nadia Kerr

After persistence and detailed evidence gathering, the case settled for over £22,000.

The solicitor’s view

Those who deal with pothole claims regularly see the same patterns repeated. Road conditions in many areas have deteriorated significantly.

Ironically, as surfaces worsen, it can become harder to win claims because expectations of what is ‘normal’ fall. Councils often rely on their inspection policies as a defence, even when defects are clearly dangerous.

Stronger cases tend to share three things:

  1. Clear, measured photos of the defect.
  2. Accurate details of the location and direction of travel.
  3. Evidence that the council knew – or should have known – about the hazard.

Claims can take time, and early denials are common. But persistence matters. With specialist support, many cyclists do succeed – and without having legal fees deducted from their compensation.

You can make a difference

Potholes should not be an accepted part of cycling. Reporting defects helps protect others. Gathering evidence protects you. And Cycling UK membership means you’re never facing the process alone.

If you spot a dangerous pothole: report it. If one causes an incident: get help early. And if you ever need it, Cycle SOS is there to back you up. The legal advice is free for members. See the Cycling UK Incident Line or call 0330 107 1789.

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Pothole crash checklist

As soon as practical after the incident:

  • Take photos and measure the width, length and depth. Use a horizontal straight edge and a tape measure where possible. Note down the measurements.
  • Obtain witness details. Ideally there will be a witness to the incident but also think of anyone who might help in providing evidence about how long the pothole had been there – for example, people living nearby.
  • Note down exactly where the defect is situated by reference to a house number, business address or lamppost number.
  • If there is any CCTV covering the scene, try to obtain the footage by contacting whoever operates the camera.
  • Seek medical attention.