The recent freezing weather may have subsided for now, but it
has left an equally treacherous legacy in the number of potholes on
Lincolnshire's roads.
Cyclists and motorbike owners are particularly vulnerable to
injury, and Gainsborough solicitors firm Burton and Dyson is urging
road users to report any damage to road surfaces they see.
If councils fail to repair potholes in a timely manner, any
cyclist or biker who is injured though hitting one may be able to
make a claim for compensation. It is also possible to claim
compensation for any damage to cycles, helmets or other personal
belongings damaged in the accident.
However, a local authority will not be held responsible in all
cases, and the verdict will generally rest on whether there is a
reasonable system of road inspection and repair and whether the
authority has acted on reports of damage.
Burton and Dyson senior partner Philip Westcott said: "This is
one reason why cyclists should report potholes - if they, or
another cyclist, have an accident where the local authority was
aware of the damage and has not acted, they would certainly have a
good case against the council concerned.
"Councils can't be expected to know about every pothole
immediately, but should carry out repairs as soon as possible once
they are aware of a problem. If a pothole has been there for longer
than a few days - particularly on a major route - it could be
argued that the council has not made enough of an effort to deal
with the situation."
Potholes are caused when water, which has got into the tarmac on
roads, freezes and expands. This forces the surface upwards, then
when the ice melts, the weakened road may collapse from the weight
of traffic overhead. Last month was the coldest January for over 20
years, leading to an increase in the amount of damage to the
nation's roads.