The government is responsible for identifying and repairing potholes in the roads we drive on daily. But what happens if a pothole isn’t fixed and causes a severe accident? If you were injured, would you be forced to pay for your medical bills, vehicle repairs, and other accident-related costs? Or could you seek compensation from the government for what you went through?
Contact the car accident lawyers at Ryan Bisher Ryan and Simons for more information on how potholes can cause accidents and what you can do if you’ve been injured in a crash caused by one.
What Are Potholes?
Potholes are road defects that can cause accidents if not repaired. They develop when the road surface becomes cracked, worn, or breaks away, eventually forming a hole or depression. Potholes begin due to wear and tear from vehicle traffic and weather conditions. Direct sunlight and tire friction can cause the road surface to heat and expand, making cracks form. Water can get in these cracks, freeze, and expand in the cooler months, breaking up the pavement.
Potholes might only start out just a few inches wide and an inch or two deep. However, they can widen and deepen as vehicles drive over the hole and the weather wears it down. Larger potholes can damage tires, wheels, suspension parts, and vehicle frames. They also can cause accidents due to tire blowouts, wheel failure, suspension collapse, or loss of control.
How Do Potholes Increase Driving Risk?
Hitting a pothole can cause significant damage and might cause you to lose control of your vehicle. Some of the dangers of potholes on roads include the following:
- Wheel and tire damage – Roads with potholes can damage tires, wheels, and brakes. The sudden dip and impact caused by a wheel falling into a pothole can cause serious wear and tear to tires and wheels. Failures such as tread separation, tire blowouts, cracked wheels, or flat tires from pothole damage can all lead to accidents.
- Steering misalignment – Hitting a pothole could damage a vehicle’s steering system, which could cause the driver to lose control. When the driver doesn’t have control of the vehicle, they risk hitting another driver, an object, or a pedestrian.
- Damage to the exhaust and fuel system – Depending on the size of the pothole size, it could cause the vehicle to bottom out and damage critical parts such as the fuel tank or exhaust system. This could lead to fuel leaks or improper flow of exhaust from the engine. If exhaust ends up in the passenger cabin, it might cause carbon monoxide poisoning or other respiratory issues.
Who Is Liable If I Have a Car Accident Caused by a Pothole?
Liability for accidents caused by potholes in roads can fall on one or more parties. These may include the state or local government responsible for maintaining the road when the government’s negligence leads to inadequate maintenance. To hold the government accountable, you typically have to prove that they knew about the pothole but didn’t fix it in a timely manner. Third-party contractors hired by the government to perform road maintenance and repairs may also be liable.
You might have the option of securing compensation caused by a pothole-related car accident if you have certain optional insurance coverages, such as rim and tire insurance, comprehensive/collision coverage, or MedPay coverage.
What’s the Process to File a Claim Against the City for Potholes?
If you believe you have a claim for compensation against the state or local government for a pothole accident in Oklahoma, the state Tort Claims Act establishes the requirements for you to file your claim. Specifically, you are required by law to give the negligent state or local government notice of your claim within one year of the date of an accident. Include any evidence proving the government agency or employee was responsible with your notice.
Most municipalities in Oklahoma, including Oklahoma City, have specific claim forms you must fill out and submit to the city clerk to fulfill the notice requirement under the Tort Claims Act. Failing to provide timely notice of your pothole accident may lead to your claim being forever barred.
Once the state or local government receives your notice, they have 90 days to investigate and either grant you the compensation you have requested or deny your claim. If your claim is denied or 90 days have passed, you have the option of filing a lawsuit against the government. However, any suit must be filed within the two-year statute of limitations for injury or property damage claims.
What Compensation Can I Get from a Pothole Accident Claim?
In a pothole accident claim, you might be entitled to compensation for expenses and losses you have incurred, including the following:
- Medical and rehabilitation expenses and costs of long-term care
- Repairs or replacement of your tires, wheels, braking or steering systems, or other damage to your vehicle
- Loss of income or earning capacity if your ability to work is impacted by physical injuries you sustained in an accident
- Physical pain and suffering
- Emotional distress
Seeking compensation from a government entity can be challenging and is different from seeking compensation from another motorist or commercial entity. Hiring an attorney with specific experience handling cases like these is vital. Not every lawyer has the knowledge or resources to handle claims against the government. Be sure to ask prospective attorneys if they can take on this type of case.
Contact Ryan Bisher Ryan and Simons to File Your Pothole Claim
Don’t assume you have no legal claim if you were involved in a motor vehicle accident due to a pothole. Ryan Bisher Ryan and Simons is here to discuss your rights and legal options. Call or contact us online today for a free consultation with an experienced pothole accident attorney.
We are Ryan Bisher Ryan & Simons, a legal firm that, for decades, has been fighting for the rights of hardworking Oklahoma residents. Our mission is to hold the powerful accountable.
