For example, in case of Wilkinson v City of York Council 2011, the claimant rode her bicycle into a pothole on Whitby Drive, York and sustained injuries. In this case, Whitby Drive should really have been inspected every 3 months for defects but instead the Council only inspected it annually due to lack of resources.

The District Judge and then the leading Judge in the Court of Appeal said a local authority’s resources should not have any role to play in determination of the statutory defence under s58 of the Highways Act 1980. Hence, this Claimant won her case against the Council as they failed to inspect Whitby Drive as often as they should have. If they had inspected the Drive every 3 months as they were supposed to do, the pothole would most likely have been noticed and repaired hence the accident would not have occurred.

If the accident was caused due a defect in the cycle route such as a pot hole, then you may have a claim against the Council. Assuming this is a public cycle route, the Council will have a duty to maintain it. To make a claim against the Council, you would need to establish some form of defect with the cycle route.

It is essential in a claim of this nature that you obtain photographs of the defect and a measurement of how deep the defect is. Differences of more than 1 inch on public cycle route are likely to be considered unsafe.

As the other driver has turned across your path without any warning and failed to give way to your correctly proceeding bicycle you are entitled to be compensated. You can claim for the cost of your damaged bicycle if you send us original and /or replacement purchase receipts or alternatively a repair estimate.

We would advise you to take photographs of your bicycle together with any bruising or lacerations you may have sustained. We will also investigate whether you have incurred any financial losses relating to your exam. This will also be included in your claim for pain, suffering and loss of amenity.