Potholes are not just a nuisance—they’re a hazard, capable of popping tires, bending axels, damaging suspensions and frames, and injuring passengers and drivers. Indeed, serious and debilitating injuries, such as spinal cord injuries, are not at all unknown. And potholes are not the only road condition that can cause property damage and personal injury; there are a number of road and highway design defects, including overly tight turns, lack of guard rails or shoulders, or poorly marked turns and exits, that represent hazards.
Liability According to the Law
Fortunately, if you are injured, or your car damaged, owing to badly designed or maintained roads and highways, you have the right to compensation. You can recover medical costs, pain and suffering, lost wages, and for property damage.
If it’s a public road, you can sue the responsible government body (town or city, state highway department, etc.)—just because they’re the government doesn’t mean that they are exempt from responsibility. Though beware: there are many more limitations on suing the government than suing a private citizen (see below). If it’s a private road, parking lot, or driveway, you would seek compensation from the property owner.
What to Do If Involved in an Accident and Injured
First things first: get your, or your passengers’, injuries treated. Your health is always most important. However, once that is being taken care of, think about what you’ll need to recover the compensation to which you are ethically and legally entitled. Get the names of all witness. Ask for a copy of the police report. Report the incident and damages or injuries to your insurer right away. Don’t make statements to the police or anyone else that could be interpreted as taking responsibility for the accident. And contact a lawyer.
Regulations, Rules, and Laws for Suing the Government
As mentioned above, while the government isn’t completely exempted from liability for its own bad or negligent acts, it does restrict how it can be sued. Many states have laws saying that the government can only be sued if the road condition was the sole or only cause of the accident. They also typically put a very short time frame in place for bringing a claim against the government, and also put special conditions on how the claim must be filed and the government notified.
Talk to an Attorney
Because there are so many rules in place about how to sue the government—and because they are interpreted so strictly—you need to make sure you comply with all of them. If not, you will lose, regardless of the merit or justice of your claim. An experienced attorney can make sure your claim gets over all the hurdles put in its way. Also, it can be difficult to prove that a road condition (and not, say, driving too fast or carelessly) was the cause of an accident, even when that was the case; but an experienced attorney will know how to get experts and evidence to support your claim.
