Who Is Liable if Pothole Caused a Car Accident?

March 19, 2024
Contact Our Media Car Accident Lawyers at Eckell Sparks After a Pothole Accident

If you hit a pothole, the damage may be worse than just your car; you may also have been injured. You can sometimes hold the government responsible for failing to provide safe roadway conditions. First, you should hire an experienced lawyer.

The government is not automatically liable anytime someone has been injured by a pothole on the road—their legal obligation is to maintain the roadway in reasonable condition. You may have been injured by a pothole that was barely visible to anyone who collapsed when you drove over it. There could have been no way for the local authorities to see something wrong with the road.

The government does not have to fix any defect the second it arises. The government has an obligation to fix the roads within a reasonable amount of time after they know or should have known about it. Even if the government does not know about the pothole, they would be deemed to know about it after a certain amount of time. Everything depends on the facts and circumstances of the situation.

There Are Special Rules When Suing the Government

There are different rules when you file a lawsuit against the state or local government. You can sue the government, albeit subject to certain limitations. You need to hire an attorney very soon after the accident to give them time to conduct a full investigation and gather evidence that they can use to file a claim. The government could make you a settlement offer to resolve it.

How to Avoid a Pothole Accident?

To avoid a pothole accident in Pennsylvania, where roads are often prone to such hazards, it is crucial to stay vigilant and employ defensive driving techniques. Here are some tips to help you navigate around potholes safely:

  • Maintain a safe following distance from the vehicle ahead of you, allowing you more time to react to sudden obstacles like potholes.
  • Scan the road ahead for any signs of potholes or uneven surfaces, such as puddles or patches of dark pavement.
  • Slow down when approaching areas with known pothole risks, such as construction zones or older roads.
  • Avoid swerving abruptly to dodge a pothole, as this can cause you to lose control of your vehicle or collide with another car.
  • If you cannot avoid a pothole, try to straddle it with your wheels to minimize impact, but be cautious of other vehicles around you.
  • Keep your tires properly inflated and in good condition, as well-maintained tires can better withstand pothole impacts.
  • Report any large or dangerous potholes to the local authorities or PennDOT to help prevent accidents for other drivers.

By staying alert, practicing defensive driving, and taking proactive measures, you can reduce the risk of pothole-related accidents while navigating Pennsylvania’s roads.

Contact Our Media Car Accident Lawyers at Eckell Sparks After a Pothole Accident

Our Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help you if you have been injured in a pothole accident. Call us at 610-565-3701 or complete our online form to schedule a consultation. We are located in Media and West Chester, Pennsylvania, and we assist clients in Delaware County, Chester County, and Montgomery County.