Although potholes can form year-round, they are often most prominent during late winter and early spring. Contributing to potholes is the freezing-thawing cycle of water beneath the road surface. Water expands when it freezes and contracts when it thaws, weakening asphalt and ripening conditions for pothole formation.
Smaller potholes might be mere annoyances for motorists. Larger ones, however, can cause serious injury. For instance, a driver might lose control of their vehicle after striking a pothole; swerve or brake suddenly to avoid one; or fall victim to a tire blowout, all of which can endanger vehicle occupants, other drivers, pedestrians, and cyclists.
Public roadway maintenance is the responsibility of the government at the state, county, or city/town level. If a government agency received a report of a pothole and failed to take action within a reasonable amount of time (“actual notice”) — whether repairing it or properly warning drivers of its existence — or if the pothole was so obvious that the agency should have known about it, they may be held liable for injuries.
Personal injury claims filed against government entities are more complex than those filed against nongovernment entities. The statute of limitations for filing a claim is much shorter too.
If you are injured due to a pothole, your health is priority #1. If possible, however, gather evidence such as photos of the pothole and damage to your vehicle, eyewitness statements, medical records and bills related to your injuries, and faithfully follow medical-treatment regimens.
Next, contact our firm. If you have a case, we will handle all the legal details and fight for fair compensation for your injuries, enabling you to focus on healing.
