1. ITV Report

Damages victory for cyclist who fractured skull avoiding pothole

An experienced cyclist who fractured his skull when he went over the handlebars after swerving to avoid a pothole has won £66,916 damages.

Credit: Press Association

Alan Curtis read law at university and was head of fundraising for a charity when he was injured in October 2009 while training with two friends for an event in India.

  • Mr Curtis from Bushey in Herfordshire, was wearing a helmet but has no memory of the accident, which left him unconscious and with residual hearing and memory problems
  • He was able to return to work at the end of November 2009, but experienced difficulties in functioning at the same level as before
  • His contract of employment was terminated in December 2011 with no reason given and he was out of work for nine months before finding a similar job

Today, a judge ruled that Hertfordshire County Council, which denied liability, was entirely to blame for the accident in The Drive, Rickmansworth.

He said that the accident was caused by a defect in the road which should have been seen on an inspection six months before the accident and repaired.

Rejecting a claim that Alan Curtis should have seen the defect and taken avoiding action, the judge said that was probably what he did, but too late to do it safely, adding:

It would not be appropriate to say he bears any responsibility for the accident.