Who Is Liable for an Accident Caused by a Pothole?

One of the first lessons you learn in driving school is to stay alert. That is another way of saying that when driving, you can encounter anything from motorcyclists splitting lanes to semi-trucks hauling double-wide trailers. The potential dangers when driving aren’t just from other vehicles.

You also need to watch out for hazards on the actual road, and the most dangerous might be potholes.

A pothole is a literal hole in the road that can be anywhere from a few inches to a few feet deep. If you hit a pothole while driving, you can blow out a tire, damage your suspension, or worse. They can also cause you to swerve to avoid them, which can lead to collisions with other cars.

After slamming into a pothole, you could be facing serious car repair bills and maybe even an injury. Who is liable for an accident caused by a pothole?

The answer to that question must take into account several different factors. The bottom line: You might be able to assign blame to an appropriate agency and get compensation for your damages.

The Charleston car accident attorneys at Hendrickson & Long, PLLC, have provided guidance to many clients who have suffered damages from potholes. We know where to go for that remedy.

How to Determine Liability in a Pothole Accident

If you get into a car accident caused by a driver who ran a red light, it is easy to determine liability.

That negligent driver was reckless and caused the accident. An accident caused by a pothole is no different from any other car accident. You need to determine liability in order to collect any compensation.

In order to assign blame, you have to establish the following three main factors:

• Who had a duty to keep the road safe and in good repair?
• Did those parties neglect that duty to maintain the roads?
• Did that neglect directly lead to the accident?

When it comes to dangerous road conditions, a good portion of liability can be directed to the West Virginia Division of Highways. They are responsible for the upkeep and repair of 95% of West Virginia’s roads and highways.

As you might imagine, filing a claim against a government agency can be challenging. It requires a thorough investigation and a deep understanding of the laws. That is why you need to get support from an experienced attorney to help you navigate the complexities of the claim.

What Are Dangerous Road Conditions?

The vast majority of roads that crisscross through West Virginia are public roads. That means they fall under the purview of state and local agencies. When assessing your claim against one of those agencies, you have to break down the exact nature of the dangerous road conditions. Consider the following:

Poor Design

West Virginia’s terrain is like every other state’s terrain. There are steep inclines and declines, sharp turns, and roads with low visibility.

Before a road can be built, it must undergo a thorough design process. If a particular design leads to recurring accidents, then you can attribute that to a potential design flaw. That flaw can also include the type of materials used to make the road.

Failed Maintenance

The government has a responsibility to maintain and keep roads safe. Of course, hazards can pop up at any time, especially a pothole.

After a storm, a pothole can form overnight and cause damage in the morning before the government maintenance crew can be notified. Once a notification has been received, the crews need to respond in a timely manner. Failing to respond to a hazard is a liability issue.

Failure to Warn

It is easy to make a request for road repair. You can use the West Virginia Department of Transportation web portal to report the issue. Once you’ve made a report, the agency might not be able to dispatch a road crew for the repair, but they should set up warnings in the form of signs or traffic cones.

Failing to warn motorists of potential hazards can also be considered a liability issue.

What to Do If a Pothole Damages Your Car

If you’ve been involved in an accident involving a pothole, there are steps you need to take in order to fortify your claim. Here’s what you need to do:

Document the Scene

You should take videos and photos of the pothole and the surrounding road conditions. You also want photo proof of the damage to your car and any injuries you sustained.

Call the Police

The police typically do not respond to a car accident that only damages a single vehicle and causes no injuries. However, you can file your own accident report with the local police. This will help you document the incident.

Seek Medical Attention

You might feel fine after you slam into a pothole. However, there could be a delayed reaction to an injury. That is why you should see your doctor for a thorough examination as soon as possible after the accident.

Report the Pothole

You also want to report the pothole to the West Virginia Department of Transportation to ensure it is on record. The time it takes for the government to respond to that report could also be a factor in your claim.

Speak with a Car Accident Attorney

It is also vital to consult with an experienced car accident attorney, such as the team at Hendrickson & Long, PLLC. We understand how upsetting it can be to sustain damage from a pothole. It is especially troubling if you were to discover that the pothole has been an issue for a long time.

If you’re car has been damaged by a pothole, you’re entitled to seek compensation from the agencies that failed to make those repairs. We can help identify those agencies and hold them accountable.

Our support begins with a complimentary consultation to discuss the incident and address your questions.