A Berkshire cyclist injured in an accident caused by a pothole in the road has been awarded £7,600 in compensation .
Ian Davis, 49, of Ermin Street in Berkshire, suffered five broken ribs, a dislocated shoulder, plus hip and knee injuries, after he hit a pothole and was thrown from his bike while cycling on the B4000 from Lambourn to Newbury in February 2006. Mr Davis who cycles regularly was treated in hospital but still requires continuous GP care.
Mr Davis took his case for compensation from West Berkshire Council to the county court. The council was found liable for the condition of the road that caused the accident and agreed on a settlement of £7,600 for Mr Davis’ injuries.
Speaking after the hearing Mr Davis said: “I’m an avid cyclist and travel this route regularly. On the day of the accident, the weather was clear but the pothole in the road was not visible from my bike. As I went over the pothole, the handle bars from my bike immediately ripped out of my hands, causing me to lose my balance and I crashed to the ground.
“The accident had a significant impact on my lifestyle – I was unable to work for two weeks after the fall and after that, could only work in half capacity for a further six weeks and had to depend on my partner to help keep things afloat. I’m still able to cycle but due to the pain in my left shoulder and arm, I can’t ride for long periods like I used to.”
A spokesman for west Berkshire Council said that since Mr Davis’s accident the council have spent £155,000 on resurfacing the stretch of road which caused it.
Mr Davis’ lawyer Enid Brenyah is now calling for councils to face up to their responsibilities to protect road users. She said: “Mr Davis’ case is a triumph for cyclists who have suffered injuries due to poorly maintained roads. In this instance, West Berkshire County Council denied full liability for the accident – but we were able to prove that they were in breach of their duties under Section 58 of the Highways Act 1980 – which states the highway must not be dangerous to traffic.”
According to figures produced by an Asphalt Industry Alliance survey, in 2008, local councils in England and Wales spent £52.3 million repairing 853,614 potholes at a cost of £61.27 per pothole. Along with this they paid out £53 million in compensation to road users who had been affected by poor road conditions. According to the survey, 89 per cent of local authorities in England believe that there is a threat to road user’s safety due to road maintenance under-funding. In Wales this figure was 100 per cent.
