Pothole Accidents and Injuries
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
Potholes are common hazards for anyone on the road, including pedestrians, bicyclists, and motor vehicle drivers and passengers. Potholes can range in size from quite small, just a few inches across, to quite large, closer to the size of manhole covers. Potholes can cause bicyclists and drivers to lose control, not to mention the damage they deal to tires and suspension systems. Bicyclists and motorcyclists can even be thrown from their vehicles upon hitting a pothole, causing severe injuries.
If you have been injured or your property damaged by a pothole, it may help to collect some evidence, such as:
- Photos of the pothole
- Photos of the damaged property
- Photos of any injuries related to a pothole accident
- Medical records regarding the injury, even if it does not seem severe at first
- The direction and speed at which you were traveling
- Weather conditions at the time the accident occurred
- Any other factors which may have contributed to the accident
It can be hard to determine who is liable for damages incurred in a pothole accident.
In general, the party decided to be liable for any kind of accident is the one deemed to be most at fault for causing the accident, or for allowing conditions to persist in which the accident occurred. In the case of potholes, this is often the government, since the government owns public roadways.
However, if a pothole on someone’s private property causes the accident, the property owner could be liable for damages. Similarly, if a company is hired to repair a pothole but does so poorly, the repair company could be liable. It can be difficult to determine who is responsible for a pothole, and even more difficult to prove that determination. This is why it’s a good idea to contact a personal injury attorney if you have suffered an injury and/or property damage as a result of a pothole accident.
Most personal injury lawyers work on contingency.
Many people are put off from the idea of hiring an attorney due to the perceived cost. However, it may help to note that the majority of personal injury attorneys who work these types of cases expect to be paid on a contingency fee basis. This means that you will not be required to pay your legal team anything unless they win your case, at which point they would receive a previously agreed upon percentage of the winnings.
Additionally, most of these attorneys offer free consultations, so if you think you might have a viable case feel free to reach out. In the initial consultation, you can ask questions regarding an attorney’s experience handling cases like yours, a track record for success, as well as the fee they expect to collect at the end of a successful trial. If you are uncertain about the answers one attorney gives you, you may request a consultation with a different attorney. Hiring an attorney to represent your personal injury case does not have to be expensive. A good attorney will do the legwork so you can focus on your healing and recovery.
To learn more about pothole accidents or to discuss your eligibility for compensation, seek legal counsel.