Pothole Lawsuits: A Practical Guide
As bicycles, smaller cars, and scooters become increasingly common on our roadways, potholes present more significant dangers. A bicyclist can be thrown over the handlebars from attempting to ride through a small, reflective puddle that turned out to be a deep pothole. Elderly citizens can be thrown from electric mobility carts when they run into a sudden pothole. And hitting a pothole in a small car can cause neck and back injuries.
Owners of parking lots and other private property owners are liable for unreasonably large potholes that cause injuries. One files pothole lawsuits in state court. The extent of the injury is not a factor in being able to file a lawsuit – the key is whether there were money damages such as medical bills, lost wages, and pain and suffering.
If injured on public property, one can file suit against the public entity who owns the property, such as: the department of transportation, or the city, county, or state. Although suits against the government can be an uphill battle, the government can be liable if the pothole had been previously reported, the street poorly repaired or maintained, or if the pothole was egregiously deep and jagged. In these cases, plaintiffs have received more than a million dollars for their trouble.
The injured person must record the incident if anticipating a pothole lawsuit. She should get contact information of all witnesses, call 911 as a record of the incident, go to a hospital to have her injuries assessed, and take pictures of the defect, bodily injuries, and property damage to car or bicycle.
These measures may be mildly embarrassing or seemingly inconvenient. However, they are necessary steps one must take if one is to preserve the evidence of a pothole injury. What seems like a minor ankle twist at the time can turn out to be a fracture that swells up and prevents walking.
Consult a Lawyer - Present Your Case Now!
Last Modified: 11-06-2008 03:45 PM PST
