What is a pothole or road-defect claim?
A pothole or road-defect claim is a personal injury claim against the highway authority responsible for the road — usually the local council, or National Highways on major roads. It argues that the authority failed to keep the road in a reasonable state of repair and that this caused your accident.
Who is liable for a pothole accident?
The highway authority has a duty to maintain the highway under section 41 of the Highways Act 1980. If a defect was dangerous and caused your fall, the authority may be liable. These claims are not automatic, though — which is why the evidence about the defect matters so much.
The section 58 defence — why evidence is decisive
A highway authority can defend a claim under section 58 of the Highways Act 1980 if it shows it had a reasonable system of inspection and repair in place. That is why the size and location of the defect, how long it had been there, and whether it had been reported before can decide a claim. The authority’s own inspection and complaint records are usually the evidence that settles it.
What to capture at the scene
- Photographs of the defect from several angles, before it is repaired.
- Its measurements — width and, importantly, depth — with an object for scale.
- The exact location, ideally with a landmark or what3words reference.
- Any earlier reports or complaints about the same defect.
- Witness details and photographs of your injuries and e-bike damage.
How long do I have to claim?
In England & Wales there is generally a three-year limit for personal injury claims under the Limitation Act 1980, usually from the date of the accident. Because road defects get repaired quickly, gathering evidence early is especially important here.