We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Pothole - Personal Injury... claim?
Hello, some advice needed...
Incident:
Around four weeks ago, I was cycling my usual 'training route' (around sixteen miles) and was coming to the end of the route where there is a downhill section. I hit a pothole in the road (probably doing 25mph or thereabouts). I have no further recollection of the incident, but I have been told by the police that a lady found me lying semi conscious in the road still attached to my bike by the pedals (was clipped in). Thankfully she stopped and called for help. The road was closed temporarily and I was taken to the hospital by ambulance.
Damage:
Broke the 'olecranon' bone in my elbow, and suffered quite dramatic facial cuts, one of which required stitches, and had various abrasions on my body and knees. I hit my head and was unconcious for a short period (probably around 10/15mins), although there is no hard evidence of any concussion, as I was wearing a helmet (which broke and resulted in me mildly banging my head on the concrete once I was down) - there is a little section (1-2mm) at the back of my head where my hair is no longer growing. I needed surgery to my elbow and a 'tension band' was put in which would 'aid my recovery'. My arm was in a soft-cast for a week and then my arm has been in a sling ever since (it should be coming off next week).
There was damage to the bike, which was three weeks old at the time (gear shifters smashed, saddle torn, rear wheel needs straightened/replaced, massive scratch on the pedals).
The issue:
The police told me that they believe I had lost control as a result of hitting the pothole, and I would tend to agree with this as it's the last thing I remember. They told my family at the hospital that they would report the pothole to the local authority (I'm in Scotland which is the correct thing to do). I heard nothing else from the police after this.
I am employed by the local authority (in a completely different capacity from the roads department). I am also a member of the trade union, who can assist with a claim where there is an accident at work or on the way to/from work. I know this because I had a moderately severe head injury two years ago when I fell off my bike in my work's car park (where there was spilled oil but no warnings), so I have previously claimed through my union for personal injury and this claim is still ongoing (medical evidence gathered, just waiting for a court date then a potential out of court settlement). The union pays all the legal fee's on my behalf and I keep 100% of the compensation, as a benefit of being in the union.
The question I have is, as I was cycling in a non-work capacity, do you think there is potential for repercussions to my employment if I am to make a personal injury claim for this new incident, through a regular solicitor/lawyer firm, or even if I went through the process myself as described in the pothole article on MSE? I can't claim through the union as this accident didn't happen at work.
For information, I have revisited the site of the potholes today, and they have been 'patched up' (poorly done and there is still bumps in the road). It wasn't safe to stop and take pictures so I only have a 'shaky camera' photo taken from the passenger seat of the car.
Any advice you have would be much appreciated.
Incident:
Around four weeks ago, I was cycling my usual 'training route' (around sixteen miles) and was coming to the end of the route where there is a downhill section. I hit a pothole in the road (probably doing 25mph or thereabouts). I have no further recollection of the incident, but I have been told by the police that a lady found me lying semi conscious in the road still attached to my bike by the pedals (was clipped in). Thankfully she stopped and called for help. The road was closed temporarily and I was taken to the hospital by ambulance.
Damage:
Broke the 'olecranon' bone in my elbow, and suffered quite dramatic facial cuts, one of which required stitches, and had various abrasions on my body and knees. I hit my head and was unconcious for a short period (probably around 10/15mins), although there is no hard evidence of any concussion, as I was wearing a helmet (which broke and resulted in me mildly banging my head on the concrete once I was down) - there is a little section (1-2mm) at the back of my head where my hair is no longer growing. I needed surgery to my elbow and a 'tension band' was put in which would 'aid my recovery'. My arm was in a soft-cast for a week and then my arm has been in a sling ever since (it should be coming off next week).
There was damage to the bike, which was three weeks old at the time (gear shifters smashed, saddle torn, rear wheel needs straightened/replaced, massive scratch on the pedals).
The issue:
The police told me that they believe I had lost control as a result of hitting the pothole, and I would tend to agree with this as it's the last thing I remember. They told my family at the hospital that they would report the pothole to the local authority (I'm in Scotland which is the correct thing to do). I heard nothing else from the police after this.
I am employed by the local authority (in a completely different capacity from the roads department). I am also a member of the trade union, who can assist with a claim where there is an accident at work or on the way to/from work. I know this because I had a moderately severe head injury two years ago when I fell off my bike in my work's car park (where there was spilled oil but no warnings), so I have previously claimed through my union for personal injury and this claim is still ongoing (medical evidence gathered, just waiting for a court date then a potential out of court settlement). The union pays all the legal fee's on my behalf and I keep 100% of the compensation, as a benefit of being in the union.
The question I have is, as I was cycling in a non-work capacity, do you think there is potential for repercussions to my employment if I am to make a personal injury claim for this new incident, through a regular solicitor/lawyer firm, or even if I went through the process myself as described in the pothole article on MSE? I can't claim through the union as this accident didn't happen at work.
For information, I have revisited the site of the potholes today, and they have been 'patched up' (poorly done and there is still bumps in the road). It wasn't safe to stop and take pictures so I only have a 'shaky camera' photo taken from the passenger seat of the car.
Any advice you have would be much appreciated.
0
Comments
-
Were you to be penalised by your employer your union would take up your case wouldn't it?0
-
At the minute you are lacking evidence to claim. As it stands you fell off your bike again. The police may believe you hit the pothole but why, because it's the most likely cause?
The next step if you can evidence you did go down the pothole is that the council/highways agency are negligent.0 -
True, the union would take up a case regarding employment, never crossed my mind at time of writing lol.
See that's the thing, I don't know if it's worth my while even making an enquiry about claiming because I have no recollection, there is no footage or witness who saw the actual incident, just that there was potholes in the road. Although the police did say there were 'little ripped bits of my illuminous yellow clothing' dotted between the pothole and where I ended up lying. Not even sure if that's been logged by the police tbh.0 -
If you hit the pothole hard enough for you to lose control, wouldn't the front wheel be damaged? Yet you don't mention it.
I'm surprised you didn't see the pothole and avoid it. 25mph might be fast for a bike, but it's not fast in the grand scheme of things. You'd have been covering eleven metres - two and a half car lengths - per second.
Perhaps you tried to avoid it, and lost control whilst doing so?0 -
If you hit the pothole hard enough for you to lose control, wouldn't the front wheel be damaged?
Not necessarily, I've been over potholes before and kept control and had no damage to the bike.Perhaps you tried to avoid it, and lost control whilst doing so?
This is another possibility, but sadly I have no recollection of this
0 -
I don't think you'll get far without a witness or video of what happened.
It's a shame because if it was the pot hole at fault, which from your story sounds most likely, then you should be entitled to something. But without the evidence, it could have been a stone, or something else.0 -
This is another possibility, but sadly I have no recollection of this
But in your OP you state you hit a pothole around 25 mph. So the obvious question is which is correct?
At the moment it would seem you have no evidence to bring a claim as the facts of the matter are, for some unknown reason you came off your bike on a stretch of road that has a pothole. I can't see a solicitor taking this claim on.
The police appear to have done very little to assist either, depending where it happened they may not have even submitted a report as the easiest thing for them is to assume the pothole is the cause.0 -
Unfortunately, as you have no recollection of the incident, no witnesses and no evidence of the cause, then you can't hold the local authority responsible for your injuries. You may have been hit by a marauding escaped wildebeest, lost your balance due to a sudden crosswind, been hit by a car (or another cyclist) or any number of possibilities.
Even if you could prove that you hit a pothole (and that you weren't negligent yourself in doing so), then you would still have to prove that the local authority were negligent - i.e. that they already knew about the pothole but had failed to repair it."When the people fear the government there is tyranny, when the government fears the people there is liberty." - Thomas Jefferson0 -
Maybe your memory of the event will come back and you will clearly remember hitting that pothole you have evidence has been recently fixed.0
This discussion has been closed.
Categories
- All Categories
- 347.2K Banking & Borrowing
- 251.6K Reduce Debt & Boost Income
- 451.8K Spending & Discounts
- 239.5K Work, Benefits & Business
- 615.4K Mortgages, Homes & Bills
- 175.1K Life & Family
- 252.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards