Potholes may seem like minor annoyances, but they are more than just bumps in the road. If we don’t fix them, they can become serious safety risks. Potholes can cause accidents and injuries. They can lead to popped tires, bent rims, or even loss of control while driving. These small road defects can have serious consequences.
For many drivers, the dangers of poor roads become clear only after a crash. When a pothole causes an accident, figuring out who is at fault can be complicated. Responsibility for damages may fall on cities, property owners, or even private contractors, depending on the situation. After a serious crash, working with a skilled Buffalo car accident lawyer can greatly affect your recovery. Towey Law, PLLC provides aggressive, results-oriented representation for injured victims across Western New York. To secure justice after an accident caused by a pothole, it’s important to understand how these accidents happen and what steps to take if you are injured.
How Potholes Form and Why They’re Dangerous
Potholes form when water gets into cracks in the road, freezes, and expands. This process of freezing and thawing weakens the road surface over time and creates a hole. Potholes can develop quickly and get worse with traffic, especially when seasons change in colder areas.
While a pothole may seem harmless, it can cause serious problems. Hitting a pothole at high speed can make drivers lose control or swerve to avoid it, leading to accidents. Potholes can also cause tire blowouts that are hard to recover from. Accidents related to potholes can result in damage to vehicles and serious injuries to drivers, passengers, and even pedestrians.
Vehicle Damage Is Just the Beginning
Potholes can cause serious damage to vehicles. Common problems include blown tires, misaligned wheels, bent axles, and broken suspension systems. While these issues are frustrating and expensive, the bigger problem is what they can lead to: losing control of the vehicle and having accidents.
When a vehicle is damaged by a pothole, the driver may have trouble steering, braking, or staying in their lane. This loss of control can result in crashes with other vehicles, guardrails, or stationary objects. In these situations, injuries can be much worse than just the cost of repairs or new tires.
Accidents Caused by Evasive Maneuvers
Sometimes, a pothole itself doesn’t cause a crash—it’s how drivers react to it. Swerving to avoid a deep hole can lead drivers into other lanes, onto sidewalks, or into nearby objects. These quick moves, while understandable, can cause accidents with other vehicles or head-on collisions.
Even careful drivers can get into trouble if they suddenly brake or overcorrect their steering. These accidents often lead to arguments about who is responsible, especially if another driver is affected. In these situations, a proper investigation is important to determine how the pothole contributed to the incident.
Potholes and Motorcycle or Bicycle Crashes
For motorcyclists and cyclists, potholes are especially hazardous. A defect that might feel like a minor bump to a car can be catastrophic for someone on two wheels. Potholes can throw riders off balance, cause a tire to catch or collapse, or result in the bike flipping altogether.
These crashes often lead to severe injuries, including head trauma, spinal cord damage, fractures, and road rash. In many cases, the injuries are not just severe—they’re disabling. Riders have far less protection than drivers, making a pothole-related accident far more dangerous and legally significant for injury claims.
Who’s Liable for a Pothole Accident?
Determining liability in a pothole-related accident depends on where the crash happened and who was responsible for maintaining the road. The city, county, or state government may be held accountable for public streets. Liability may fall to the property owner or management company on private roads or commercial properties.
However, proving liability isn’t always easy. You must demonstrate that the responsible party knew—or should have known—about the pothole and failed to fix it within a reasonable timeframe. Maintenance records, prior complaints, or photographs taken days or weeks before the crash can be critical in proving negligence.
The Challenges of Filing a Claim Against a Municipality
When a city or government agency is responsible for an injury, pursuing legal action becomes significantly more complex. Unlike private entities, municipalities are shielded by special legal protections that require a different strategy and strict adherence to procedural rules. Essential aspects to consider include:
- Sovereign Immunity: Government agencies are often protected from lawsuits under sovereign immunity laws, which limit their liability in many cases.
- Strict Filing Deadlines: Claimants typically have a very short window—sometimes as little as 90 days—to notify the municipality of their intent to file a claim.
- Unique Legal Procedures: These cases require a specific approach that differs from standard personal injury claims, often involving additional paperwork and formal notices.
- Burden of Proof: Meeting the legal thresholds to overcome immunity defenses is challenging and requires substantial supporting evidence.
- Historical Investigation: An attorney can look into past maintenance records or prior complaints to establish patterns of negligence or oversight.
- Precision and Strategy: Every step, from filing notices to presenting evidence, must be carefully managed to avoid dismissal on procedural grounds.
- Legal Expertise Required: Navigating municipal claims successfully demands the experience and insight of an attorney familiar with government liability cases.
Gathering Evidence After a Pothole-Related Crash
If you were in an accident caused by a pothole, it’s important to gather evidence. Start by taking photos of the pothole and the area around it, including any signs (or lack of them) and damage to your vehicle. If you can, also document the weather and the time of day, as these factors can affect safety and visibility.
Collect witness statements, police reports, and medical records to support your case. Additionally, check with local departments or online complaint sites to see if anyone has reported the pothole before. Showing that the authorities knew about the pothole can help strengthen your claim of negligence and liability.
Legal Representation Makes a Critical Difference
Even when the evidence is clear, insurance companies and government agencies often avoid taking responsibility. They may say that the pothole wasn’t reported, that you were at fault for your driving, or that your injuries aren’t as serious as you claim. Without a lawyer, victims might feel overwhelmed or ignored.
That’s why it’s important to work with a personal injury attorney. Your lawyer can identify who is really at fault, navigate the complex legal systems, and fight for full compensation for your injuries, lost wages, and pain and suffering. With an experienced legal partner by your side, you can turn what seems like a “minor road issue” into a strong claim for justice and recovery.
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