Council admits liability after beastly pothole hospitalises cyclist

A cyclist who spent seven hours on the operating table after hitting a pothole says he is "angry" that the local council responsible for the road didn't repair it despite being notified a year earlier that the crack was potentially lethal.

"All the pain I was going through could have been avoided for a few pence of tarmac," said David Armstrong.

Bradford Council has admitted liability after Armstrong took legal action, and is looking to assist with his rehabilitation.

Armstrong, 66 caught his front wheel in a deep crack on Bradford Road, Shipley, known among local riders as “the beast” because of its depth and danger.

In the ensuing crash he shattered his pelvis, had a collapsed lung, broke his back, three ribs and his collarbone.

The damage was so bad that at one point doctors feared the married grandfather might not survive. Even when he was out of danger, it was not certain he would ever walk again.

A retired civil servant from Shipley, Armstrong had been a top-ranked fell runner as well as a bike rider. He underwent a seven hour operation to fuse his pelvis and was hospitalized for a month.

He later learned that the hazard had been reported to Bradford Metropolitan District Council 12 months before his crash on September 7, 2013, by another rider, via the CTC’s “Fill that Hole” system that notifies councils of potholes.

In the report that rider noted: “This is potentially lethal and needs very urgent attention”.

Armstrong says he hopes his incident will serve as a wake-up call to local authorities to take prompt action to improve safety for vulnerable road users.

He said: “It made me feel so angry when I found out the council was aware of this hazard. The fact that all the pain I was going through could have been avoided for a few pence of tarmac is infuriating.

“My incident is a good illustration of just how we need a bit of joined up thinking between authorities so they realise that saving a few pounds here and there might mean huge financial consequences later.

“Councils are not looking at the whole costs, the costs to the NHS for treatment, for example. There needs to be more effort to make the roads safer and prevent these sorts of incidents.”

Mr Armstrong - an experienced cyclist and runner, who has climbed Mount Kilimanjaro, ridden from London to Paris and run the Grand Canyon rim to rim in his 60s – was returning from a training ride when hit the pothole just as the road narrows.

Describing the injuries, he said: “It was absolutely awful. It still upsets me to think back to it. There were times when I was told it was touch and go whether I’d survive the injuries. I’ve got a vivid recollection of waking up in hospital with a nurse shouting at me to breathe.

“This incident has had an enormous impact on me and my family. I had been a competitive runner and cyclist and winner of age-related prizes for fell racing up until this crash. I valued my health a great deal and this incident has had a devastating affect.

“The dependency was something that I found very difficult to cope with. Having been so fit then having to be so reliant on others – particularly my wife – for absolutely everything was terrible – especially after being so fit and active.

“After the operation, it was by no means a certainty that I’d walk again – it depended on how the recovery went. The most upsetting thing for me was I was told beyond any doubt that I’d never run or cycle again. Both of those had been such an important part of my life.

“I was absolutely determined to exceed predictions. It was six months before I wasn’t reliant on a Zimmer frame to get around. I think the doctors have been surprised by how much mobility I’ve been able to regain. I’ve been able to get back on my bike which has been such a relief.

“But it’s been an incredibly tough effort to go through the rehabilitation process. My wife Dot has been an incredible support.”

A spokesman from the CTC said: “The terrible injuries suffered by the cyclist in this case could have been avoided had the council acted on the report made a year earlier.

“Council negligence is not acceptable, particularly when detailed information has been submitted about a road hazard. CTC strongly encourages everyone to report potholes and other road defects to their council via our Fill that Hole website, which has received over 91,000 reports since it was launched in 2007, but these reports are futile if councils do not act on them swiftly as they are duty-bound to do.”

Bradford Council may have chosen not to take this case all the way to court as a result of a decision in a similar case earlier this year.

In March, Alan Curtis was awarded £70,000 by the High Court for a crash in 2009 that left him with impaired hearing and suffering from short-term memory loss. He also fractured his skull, suffering brain injuries, and broke his arm in the crash.

As in this case, Curtis had hit a crack that ran along the length of the road, a type of surface damage that might not have been high on the council's priorities as it has little effect on cars.

Mr Armstrong’s lawyer Jonathan Reid, of Slater & Gordon, said: “What is particularly disturbing about this case is that the council was well aware of the danger this pothole posed – more than a year before this crash. The fact that another rider had highlighted this danger, through the CTC’s campaign site ‘Fill that Hole’, has been crucial in this case.

“This campaign is an excellent means for riders to give local authorities adequate warning of dangers. It is important they act on those warnings.

“The council owes a duty of care, not just to motorists, but especially vulnerable road users, such as cyclists and pedestrians.”