Most drivers can relate to that gut-wrenching feeling one gets after hitting a pothole. This feeling often leads to concerns about vehicular damage or even injury. The driver may fear that because it is not a traditional accident, they do not have anyone to hold liable for car damage expenses and personal injuries. However, this is not the case.
Types of Pothole Accident Injuries
Potholes often damage vehicles; however, the driver can also be injured. Victims can sustain a variety of injuries, including spinal injuries, whiplash, or even internal bleeding. All these injuries can lead to lost work time, thus affecting one’s financial situation. Similarly, all these injuries can lead to costly medical bills.
Fortunately, the Federal Tort Claims Act gives an injured driver the ability to file a lawsuit against the government if they are liable. In this case, the government is considered liable due to their inaction of filling the pothole. Victims looking to obtain damages for their injuries should contact an experienced car accident lawyer to file a tort claim.
Who is Liable?
Pothole accidents are not traditional accidents, meaning that they often do not include another driver. However, pothole accident victims should take comfort in the fact that they can still hold the government liable for damages and injuries. Since road maintenance is the government’s responsibility, those affected by pothole accidents can file a lawsuit against the government. The recipient of the lawsuit is dependent on whether the road is owned by the city, state, or county.
It is important to note that the government may not be held liable if they did not receive notice of the pothole. However, if the government entity received notice and did not fill the pothole, they could be held liable for any losses. The entity may also be considered liable if the pothole was around for an extensive amount of time.
Filing a Claim
Those who face vehicular damage or injury should file a claim. First, the victim should identify which government entity owns the road in question. Victims can obtain this information by calling their local county commissioners’ office. When the victim files a claim, it is important to provide as much detail as possible, which include the location of the pothole, the direction the victim traveled on the road, the date of the incident, and how the pothole looked. It is also helpful to include witness testimonies.
Camden Car Accident Lawyers at DiTomaso Law Advocate for Pothole Accident Victims
If you are facing vehicular damage or injury from a pothole accident, you need to contact one of our Camden car accident lawyers at DiTomaso Law immediately. Our lawyers help clients hold liable parties accountable for any damages from the accident. If you are interested in talking to a car accident lawyer, contact us online or call us at 856-414-0010 for a free consultation. Located in Cherry Hill, New Jersey and Philadelphia, we proudly serve clients throughout southeastern Pennsylvania and South Jersey, including Mt. Holly, Camden County, and Vineland.