A CYCLIST was left with a cracked rib and severe bruising after falling from his bike when he encountered a pothole.
Mark Prior decided to start cycling to work in a bid to keep fit and reduce his carbon footprint.
But two weeks into his cycling he literally hit a problem: the state of the town’s roads.
And he has been told the council does not have an obligation to maintain roads to the extent that they are without defects.
Mr Prior hit the pothole on Lockwood Road in March. His fall left him with a cracked rib and black bruises on his back. He was also in pain for a couple of months.
But, after making a complaint to Kirklees Council six months ago, he’s just been told they’re not liable.
The Holmfirth cyclist said: “Lockwood Road is a particularly bad road – it’s got to be one of the worst for cycling on.
“I wrote to the council and they came back with a letter which said ‘regarding your claim for motor vehicle damage’.
“I came off my bike in front of moving cars! it’s a lot more serious than motor vehicle damage.
“I think they’ve just washed their hands of it.
“If you’re in a car or 4x4 then the roads might not seem that bad, but if they want to encourage people to cycle they need to look at the roads.”
There is a cycle lane on a stretch of Lockwood Road, but Mr Prior was outside that when he came off.
But he added: “Once a cycle lane comes to an end about 100 yards on it doesn’t mean we don’t use that road anymore.”
Mr Prior hit the pothole on Lockwood Road near to the entrance with the petrol station on March 8.
The response from Kirklees Council states: “After appropriate consideration I must advise you that the council is of the opinion that the accident to which you refer did not occur as a result of any negligence on the part of the council.
“I accept that the council has a duty to maintain the public highway under the Highways Act. However, the obligation does not extend to maintenance to the degree that the highway is without defects at all locations at all times, as this would be unsupportable from public funds.”
Mr Prior commented: “Apparently Kirklees Council can’t afford to keep our roads in a safe condition and if we suffer personal injury or damage as a result they have no duty of care. Does that sound right?”
Mark has just got back on his bike and cycles from his Holmfirth home everyday to St Andrew’s Road where he works.
A spokeswoman for Kirklees Council said: “We sympathise with Mr Prior over his accident but can assure him that safety inspections of Kirklees roads meet national standards designed to protect all road users.”
