THE family of an 83-year-old cyclist who died after hitting a pothole say Bury Council has “wriggled out” of paying compensation.
Roger Hamer suffered a traumatic brain injury after hitting the pothole in Ramsbottom three years ago.
The coroner’s court concluded that one pothole in Bury New Road “possibly contributed” and another deeper pothole “probably did contribute” to Mr Hamer falling from his bicycle.
Mr Hamer’s family, who have been fighting for compensation since the jury’s verdict in 2017, claim the council is not accepting any liability for the accident.
Daughter Ruth Topping told the Bury Times that the local authority did not respond to several settlement offers.
If the family wants to pursue the case, it must be taken to criminal court which would cost thousands of pounds.
She said: “The solicitors don’t feel confident to take it to criminal court. As far as I’m concerned they’ve wriggled out of it and brushed it under the carpet.”
Mrs Topping said her mother, who was cared for by Mr Hamer, has been “really distressed” by the situation.
The family, which Mr Hamer played a “very important role” in, wants closure.
She said: “We have not been in his bedroom. We have not moved his ashes. My mum felt we can’t until this is sorted.”
But Mrs Topping’s frustration is that the council regularly paid out drivers whose cars were damaged by pot holes in Ramsbottom, she claims.
She said the roads, which were “absolutely horrendous” and “full of potholes”, have been resurfaced as a result of Mr Hamer’s death.
She said: “These roads were absolutely appalling. The pothole were so deep. The only thing anybody talked about at the time was pot holes. These roads were neglected.
“It was a culture in Ramsbottom that you could just put a claim in and they didn’t even investigate it. They just paid it.
“My grievance is that they could pay out for the cars but they can’t pay compensation for my dad.”
Mr Hamer, of Manchester Road, Walmersley, went over the handlebars of his bicycle while cycling along the road on a shopping errand on March 5, 2016.
He suffered a traumatic brain injury as a result of the fatal fall, as well as multiple fractures including to his skull and pelvis.
He was treated in Salford Royal Hospital, where the decision was eventually made to place him under palliative care and he died on April 2, 2016.
The council declined to comment because the case is an ongoing legal matter.
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