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Motorcyclist's pothole crash leads to whiplash compensation call

The case of a Spanish motorcyclist, who was thrown from his machine as a result of a pothole in the road surface and is planning to sue for whiplash compensation, illustrates the point that it is not just other vehicles which can cause accidents.

The victim alleged that the accident in Malaga, where he was thrown from his bike when the front wheel suddenly dipped in a pothole, was as a result of negligence by those involved in tunnelling beneath the road surface for an extension to the Metro train service.

Luckily, the Spaniard was not injured too badly, suffering an inflamed wrist, damage to a finger tendon and bruises as well as the whiplash injury. His bike was also damaged by the crash into a metre-long area of subsidence which suddenly appeared.

Now, he is planning to seek compensation from the tunnelling company or the Metro and force the companies to maintain the road surface properly so that its condition does not lead to further accidents.

A spokesman for the Metro said it apologised for any inconvenience and would look at the motorcyclist's complaint.

In the UK, maintenance of road surfaces is monitored by the Highways Agency for motorways, county councils for rural areas and borough or city councils for urban areas. There is a legal obligation to maintain them for safety and avoidance of vehicle accidents which can lead to whiplash and other injuries.

If a driver notices a potentially-dangerous pothole and reports it to the relevant authority, it must be repaired within a time limit, either temporarily or permanently. To succeed in proving a pothole or other road surface damage was a direct cause of a road traffic accident, it must be proved the highway had not been properly maintained.

Evidence of inspection and maintenance records would have to be provided by the council if the case for a compensation claim is contested and a personal injury lawyer who specialises in road traffic accident and whiplash claims will be able to advise on how best to proceed with obtaining due recompense for injuries, stress and loss of earnings.

Making a no win no fee whiplash claim

Whether you are a motorbike rider, car driver or other motorist who has suffered a neck, spine or whiplash injury in an accident which has had an impact on your life, the professional team at YouClaim is ready to help.

With a panel of experienced solicitors throughout the UK who are supervised by the Solicitors Regulation Authority and have a high success rate for similar cases, you can be sure your best interests will be served.

What's more, making a compensation claim through our no win, no fee service won't cost you anything. If you win the case, which most of our claimants do, you will not have to pay any of our costs and fees plus you will receive 100% of the damages awarded.

Even if you lose, we guarantee that you will not have to pay anything.

To take the first steps in making a whiplash compensation claim, why not talk to one of our friendly advisors via e-chat or telephone 0800 10 757 95. Alternatively, fill in the online claim form and YouClaim will respond promptly.

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