Blue compact car approaches a pothole filled with water on a lonely back road

If I’m In a Crash Because of a Pothole, Who Is Liable?

Getting into a car accident due to an unavoidable obstacle in the road, such as a pothole, is usually a frustrating experience because the government has a duty to keep the infrastructure in adequate working condition.

Since the government is in charge of maintaining the roads, who can be held responsible for a crash resulting from poor road conditions? Read on to find out.

“Reasonably Safe” Roads

The government has a responsibility to keep roadways “reasonably safe” for all road users. That means drivers are not always able to hold the government accountable for vehicular damages as a result of questionable road conditions.

Unfortunately, if there are no records of a dangerous road condition, it is not likely the government will agree to pay for damages that occur due to the unsafe condition.

The government typically discovers unsafe road conditions by:

  • Someone’s report of a hazardous condition, or
  • Regularly conducting roadway surveys.

However, if the hazardous road conditions existed long enough to the point when the government reasonably should have been aware of the dangerous condition and someone is injured as a result, he or she may be able to file a claim for damages.

Know Who Is In Charge of Road Maintenance

The first step toward determining liability for a crash that occurred due to a pothole is to identify which government sector is in charge of maintaining the road where your accident occurred. Any of the following may be responsible for road maintenance:

  • City
  • County
  • State

We’re Here to Help Injured Victims

Getting into a crash as a result of a dangerous road condition is an unfair situation to endure. After all, you pay taxes that are supposed to pay for road maintenance and keep you safe. Don’t hesitate to reach out to our office with any questions you may have.

Call our firm today at (512) 400-3278 or fill out the online contact form to learn more about your options.