Potholes are dangerous and can result in serious injuries and damages to a person who encounters them. If you’ve been affected by a pothole in New York, you may have the legal option to seek compensation through legal action.
However, the outcome of such a lawsuit will depend on factors like whether the responsible government entity or property owner had a duty to keep the area safe and whether they neglected their responsibility.
It is important to note that in New York, roads and public spaces are typically maintained by state, county, or municipal governments. In order to file a claim against a government agency, the law requires prior written notice of the pothole. In other words, the government must have been formally notified about the defect but failed to address it within a reasonable timeframe.
For instance, under New York City’s “Pothole Law” (New York City Administrative Code Section 7-201(c)(2)), lawsuits for injuries caused by defective streets or sidewalks can only proceed if prior written notice of the defect was given to the city. There are some exceptions to this rule, including situations where the defect was created by the city’s negligence or due to special use benefiting the city.
Ultimately, in order to pursue a pothole related personal injury lawsuit in New York, you must be understand the personal injury laws in New York and able to demonstrate the following:
- The responsible government agency had prior written notice of the pothole and failed to repair it within a reasonable time; or
- The defect was caused by the government’s negligence
It is also crucial to be aware of state deadlines when filing a pothole injury claim. In New York, personal injury lawsuits must generally be filed within three years of the incident. Further, claims against government entities have stricter timelines, often requiring a notice of claim to be filed within 90 days of the injury. As such, if you fail to timely file your claim, it may be dismissed and you may be barred from later filing it.
In addition to public streets, if a pothole is on private property, such as a parking lot or commercial space, the property owner may also be held accountable. In New York, laws dictate that property owners must maintain safe premises for visitors. Failure to fix known hazards or warn about them can make the owner liable for any resulting injuries, including potholes.
What Are Some Examples of Pothole Injuries?
As can be seen, potholes are more than just nuisances, they can lead to a range of serious incidents. The following is a list of common examples of pothole injuries:
- Car Damage and Crashes: Hitting a pothole can result in flat tires, damaged suspension systems, or even cause drivers to lose control, leading to crashes
- All of the above situations can inflict anything from minor aches to severe physical harm
- Pedestrian Mishaps: For persons on foot, an unnoticed pothole can lead to trips or stumbles, which can result in injuries such as sprained wrists, head trauma, or even broken bones
- Bicycle Wrecks: Cyclists are particularly vulnerable to potholes, as a sudden jolt from a pothole can throw a rider off balance, causing painful injuries, such as broken bones or worse
- Hazards in Parking Lots: Potholes in parking areas create their own dangers, where unsuspecting individuals may trip, resulting in anything from a twisted ankle to more significant harm
Can I Get Reimbursed for Pothole Damages?
Yes, it is possible to seek reimbursement for pothole damages in New York. However, the success of your claim will depend on the specific circumstances and who is responsible for maintaining the road.
If the pothole is located on a public road maintained by a city, county, or state agency, you may be able to file a claim with the appropriate government entity. As mentioned above, in order to support your claim, you must demonstrate the following:
- The government agency had prior written notice of the pothole, as required by New York law.
- The agency failed to repair the pothole within a reasonable timeframe or neglected to warn the public of the hazard.
New York laws, such as New York City’s “Pothole Law,” require prior written notice before legal action can be taken.
If the damage occurred on private property, such as a parking lot or commercial space, the property owner may be held liable. As mentioned above, property owners in New York are obligated to maintain safe premises and address hazards.
When seeking reimbursement from a private property owner, you should do the following:
- Document the Scene: It is important to take clear photographs of the pothole and the resulting vehicle damage
- Obtain a Repair Estimate: Next, you should secure a detailed quote for the repairs from a trusted mechanic
- Report the Incident: You should then notify the property owner or file a report with the relevant authorities
- Submit a Claim: Finally, you can then present all evidence, including photographs, repair estimates, and receipts, when filing your claim against the property owner
- At this point in time, many claims will be settled prior to court interaction becoming necessary
If your claim is denied or remains unresolved through administrative methods or direct communication, you may consider pursuing compensation through small claims court. In New York, small claims courts handle cases involving damages up to $10,000, depending on the court jurisdiction). It is important to keep in mind that the court process requires thorough documentation and evidence to establish negligence.
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What Evidence Can Be Used To Prove a Pothole Injury?
In order to build a strong pothole injury claim in New York, it’s essential to gather comprehensive evidence that demonstrates the hazard, your injuries, and the negligence of the responsible party.
The following is a list of evidence that is recommended for you to compile to prove a pothole injury:
- Photographic and Video Evidence: You should capture clear images and videos of the pothole, the surrounding area, your injuries, and any damage to your property or vehicle
- Incident Reports: You should also obtain police reports, incident documentation, and, if possible, statements from witnesses who can corroborate the circumstances of the accident
- Medical Records: It is important to keep detailed documentation of your injuries, medical diagnoses, treatment plans, and associated costs
- Repair Estimates or Bills: You should collect all invoices, receipts, or quotes for any repairs required due to the pothole damage
- Proof of Negligence: Most importantly, you need to identify and document evidence showing that the responsible entity, whether a government agency or private property owner
- It is important to demonstrate the entity was aware of the pothole but failed to act
- For public roads, this often means proving prior written notice under New York law
- Timeline of Events: Next, it is recommended to create a detailed account of when the injury occurred in relation to the pothole’s existence, supported by evidence like prior complaints, inspection reports, or maintenance records
Is Pothole Damage Covered by Insurance?
In short, it depends. Pothole damage in New York may be covered by your auto insurance, but it largely depends on the type of policy you hold:
- Collision Coverage: This type of coverage typically includes pothole-related damage since hitting a pothole is treated as a single vehicle accident
- However, you will likely need to pay your deductible before this coverage applies
- Comprehensive Coverage: Comprehensive coverage generally does not cover pothole damage because it is designed to cover non-collision incidents, such as theft, vandalism, or weather related damage
- Liability Coverage: Liability insurance will not cover damage to your own vehicle, as it only applies to damages or injuries you are legally responsible for causing to others
- Uninsured/Underinsured Motorist Coverage (“UIM”): UIM coverage does not apply to pothole damage, as it is intended for accidents caused by uninsured or underinsured drivers, not road hazards
In order to determine whether pothole damage is covered under your policy, it’s essential to carefully review your insurance terms and speak directly with your insurer. Understanding your insurance policy’s specifics will help clarify your options for coverage in the event of damage caused by potholes.
Where Do I Report Potholes?
In New York, you can report potholes to the government agency responsible for maintaining the road where the pothole is located:
- State Roads and Highways: For potholes on state maintained roadways, contact the New York State Department of Transportation (“NYSDOT”)
- You can report the issue through their website or by reaching out to their regional office
- County Roads: For county maintained roads, you can file a report with the county’s Department of Public Works or transportation office
- City Streets: For potholes on city streets, you may contact the city’s municipal government
- In New York City, you can report potholes directly to the Department of Transportation (“NYC DOT”) via their website or by calling 311
Many cities and counties across New York will provide online forms or dedicated hotlines to address road maintenance concerns. It is important to report potholes promptly as this helps ensure they are repaired to prevent further damage or accidents.
Do I Need a Lawyer if I Have Been Injured by a Pothole?
As can be seen, pothole injuries can involve complex legal issues that require establishing varying levels of liability and responsibility. As such, if you have been injured due to a pothole in New York, it is advisable to seek the guidance of an experienced New York car accident attorney.
LegalMatch can assist you in locating and setting up a legal consultation with an experienced New York lawyer who handles pothole claims. An attorney familiar with pothole claims can help evaluate whether you have a valid case and identify the parties responsible for your injuries, whether it’s a government agency or a private property owner.
They can also assist in navigating the intricacies of New York laws, such as proving prior written notice for claims involving government entities and meeting the strict filing deadlines. Moreover, a skilled lawyer can also advocate on your behalf throughout negotiations, or represent you in court, if necessary.
