Under the personal injury laws in California, a pothole injury is a personal injury that may occur to an individual because of an entity that fails to properly maintain a roadway. A pothole often forms because of weather conditions that cause expansion and contraction of water under the ground. They may also be caused by motor vehicle oil, salt building, and other elements that break apart road surfaces and cause erosion of the road surface.
Even though the majority of drivers try to avoid potholes so they do not damage their vehicles, simply trying to avoid a pothole can also cause a driver to have an accident with another motorist or cause property damage. It is also common for potholes not to be visible to drivers, resulting in increased chances of accidents or injuries. Potholes often also grow larger and deeper as time passes from the daily wear of drivers and weather conditions.
An individual may have a pothole injury claim against their local government or entity responsible for maintaining the roadway if they or their vehicle was injured or damaged while they were driving on a public road in California. For more information on the claims an individual may be able to make based on their pothole injury, they should consult with a California lawyer.
What Are Some Examples of Pothole Injuries?
There are several common examples of pothole injuries, which may include, but are not limited to:
- Injuries to pedestrians: A pedestrian may be injured if a vehicle hits a pothole and loses control or veers to try and avoid one.
- Injuries to cyclists: Potholes pose a risk of injury to cyclists and motorcyclists because they are two-wheeled vehicles. Hitting a pothole commonly results in the cyclist being thrown from their vehicle, resulting in significant injuries.
- Injuries to property: If a motor vehicle loses control, they can crash into nearby property.
Can I Get Reimbursed for Pothole Damages?
In many situations, an individual may request reimbursement for damages that were caused by potholes from the local entity responsible for maintaining the road or through their car insurance if they have collision coverage.
A local road is typically maintained by the county or city. A highway is often the responsibility of the state.
An individual may be able to file a claim with the government agency that maintains the road. It may also be possible to file a claim under collision insurance coverage.
It is important to be aware that suing a government or public entity is often more difficult than suing a private party because they have sovereign immunity. This is a legal concept that protects these entities from civil lawsuits filed by private parties.
The government may, however, be liable under the Federal Tort Claims Act (FTCA) or other similar state Tort Act. This act allows private citizens to sue government entities in certain situations. Pursuant to this act, the federal government waives its sovereign immunity and recognizes liability for negligent or intentional wrongful acts of federal employees committed during the course and scope of their employment.
If an individual is considering suing a city or government entity for injuries that are caused by a pothole, they should be familiar with the local laws in their area as well as the FTCA. It may be helpful to have a lawyer in these cases, as there are many rules and requirements that must be met to file a legal claim against a government entity.
If a pothole on private property causes injuries, an individual may be able to file a personal injury lawsuit against the property owner to cover their damages. These claims usually fall under premises liability laws in the state.
To prevail in a premises liability claim, an injured individual would need to show that the owner of the property owed them a duty of care, that they were aware of the dangerous condition, and that they failed to remedy the issue, which resulted in the driver’s injuries. In these cases, an individual who had permission to be on the road is more likely to succeed in a premises liability claim than someone who did not, called a trespasser.
Private property owners do not owe a duty of care to a trespasser. If an individual has been injured or suffered property damage because of a pothole issue, they should have a legal consultation as soon as they can.
It is important to be aware of the car accident statute of limitations in California. These laws require an individual to file an accident claim within two years of the incident or within three years for property damage claims.
What Evidence Can Be Used To Prove a Pothole Injury?
If an individual was injured because of a pothole, it is important to document all of the evidence surrounding the incident. First, it is important to take photographs of the pothole when possible.
If a police report is available, it is important to also obtain a copy of that document. An individual should also seek medical care and keep records of their injuries and the costs associated with treating them.
If there were passengers in the vehicle or witnesses to the accident, it is important to gather their contact information. If a witness can state that the accident resulted from the pothole, it can be excellent supporting evidence to an individual’s claim.
Is Pothole Damage Covered by Insurance?
If an individual has collision coverage as part of their automobile insurance policy, pothole damage to their vehicle will often be covered. It is important to note, however, that the individual will be required to pay their deductible, and filing a claim may increase their insurance premiums.
Collision coverage often covers road upset or disruptions to a vehicle’s normal operation, such as hitting a pothole. This can cause anything from cosmetic damage to serious issues. An individual can reach out to their insurance provider for more information on the coverage they have.
Where Do I Report Potholes?
In the State of California, an individual can report a pothole on a California state highway by submitting a customer service request with the California Department of Transportation (Caltrans). If the road is a county or city road, an individual should contact the appropriate public works agency.
Do I Need a Lawyer if I Have Been Injured by a Pothole?
If you have suffered an injury or vehicle damage because of a pothole, it is important to consult with a California car accident attorney as soon as you can to ensure you are within the statute of limitations to ask for compensation for your injuries or losses. It can be challenging to sue a local or state government entity, so it is important to have a lawyer’s assistance.
Your car accident lawyer can evaluate your personal injury claim as well as help you make a claim with the appropriate agency. In addition, they can assist you with building your case against the government entity and filing all necessary documents with the court. Your lawyer can also negotiate with the responsible party when possible and represent you in court when needed.
You can find a car accident lawyer near you easily and at no cost using LegalMatch’s online lawyer matching services in as little as 15 minutes. You will get responses from member lawyers in your area in about 24 hours who can start working on your case as soon as possible.
