Pothole injuries and accidents – can you claim compensation?
Potholes are becoming increasingly common on UK roads, with less than half (48%) of the local road network reported to be in good structural condition according to a 2025 report.
Our personal injury solicitors regularly help cyclists, motorcyclists, e-scooter riders and pedestrians who have been injured because of a pothole. In this guide, we explain more about claiming compensation for accidents involving potholes.
What is a pothole?
A pothole is where the surface of a road or pavement has deteriorated, causing a defect. This is caused by temperature changes, water and traffic. If left untreated, they can expand and get deeper over time, causing safety hazards to road users, including cyclists and e-scooter riders.
Can you claim compensation for hitting or tripping over a pothole?
Yes. If you’ve suffered an injury after hitting or tripping on a pothole, whether on a motorcycle, bike, e-scooter or as a pedestrian, you may be eligible to make a personal injury claim.
The importance of photographic evidence
When assessing your pothole injury claim, photographic evidence is vital to show the size of the pothole. You can (and should) go to the accident site and measure the size, including length, width and depth of the hole, to enable assessment of the claim.
A pothole is usually considered dangerous (‘an actionable defect’) on the road if it is at least 40mm deep, or 20mm or more for pavements.
Your personal injury solicitor may also carry out a visual inspection of the area, use CCTV/dashcam footage, or review Google map history to check the development of the pothole and how it was at the time of your accident.
Reporting and investigating the pothole
After taking appropriate photographs, it is advisable to report the pothole to the owner of the area, usually the local authority or council, so they are made aware of the defect (see below for more details).
When your solicitor informs the Defendant (local authority or council) of your claim, they will conduct their own investigations. They will usually provide details of when the pavement or road was last inspected. This is where your evidence is particularly useful, as the local authority may argue they were not aware of the defect.
Our personal injury solicitors will also need evidence that the injury was related to the pothole or road defect, such as photographs and medical notes.
Who’s responsible for maintaining potholes?
In England, National Highways is responsible for maintaining motorways and A-roads, funded by the Department for Transport. Under the Highways Act 1980, local councils have a duty to maintain all other roads and pavements to ensure they remain in a safe condition. These repairs are funded by the central Government.
You can report a pothole through your local council. To do this, you will need:
- The postcode, or street name and area the pothole is in
- A summary of the problem
- Your name and email address
You can also upload a photograph.
Depending on your local council, you can expect to receive a full response to your enquiry within 10 working days.
Data from the Annual Local Authority Road Maintenance Survey Report 2025 showed that 1.9 million potholes were filled over the last year. In the last decade, more than £1.08 billion has been spent filling 17.5 million potholes.
Common injuries caused by potholes
Cyclists, motorcyclists and e-scooter riders are at the highest risk of suffering injuries from defective road surfaces. This is because their wheels can get stuck or caught in the same defects that other vehicles would be able to drive over. Between 2017 and 2021, 118 cyclists were killed or seriously injured due to potholes.
Pedestrians are also at risk of slips, trips and falls from potholes, either on the pavement or road surfaces that they cross.
The most common injuries caused by potholes include:
- Head and brain injuries
- Dental injuries, including teeth damage
- PTSD
- Sprains and fractures
- Whiplash
- Soft tissue injury
- Psychological injury
- Spinal injuries
- Serious and fatal injuries
How much compensation can I expect to receive from a pothole injury?
Like all personal injury claims, there is no set amount of compensation you can expect to receive, as this depends on the severity of injuries sustained and financial losses incurred as a result of the accident. Read more about how personal injury claims are valued here.
Contact our personal injury solicitors
If you have been injured because of a road defect or pothole, our specialist pothole injury solicitors may be able to help you claim compensation on a no-win, no-fee basis.
To discuss making a personal injury claim with a member of our team, call 0117 325 2929 or complete our online enquiry form.
