What Happens if I am Injured in a Crash Due to a Pothole?
Weather and road conditions, disabled cars, and emergency vehicles bring increased traffic, and distractions, to everyday driving in Georgia. However, it's the freezing and thawing of moisture and many other factors on the roads that cause potholes. Unfortunately, many of these potholes are dangerous. Potholes on Georgia roads threaten tire blow outs, wheel damage, accidents, and even injuries. If you are in an accident that might have been caused by or involves a pothole, it's in your best interest to contact a skilled Cumming car accident attorney for help with your claim.
The Pothole Problem
A 2020 summary report from TRIP revealed that 40 percent of U.S. roadways, including highways, arterials, and local streets, are in poor or mediocre condition. These conditions come with an average cost of $621 per year for a single driver for vehicle repair and maintenance and approximately $141 billion altogether.
In Georgia, there are 9.5 pothole complaints for every 1,000 km of road. Potholes are a universal occurrence nationwide. For the most part, they are caused by:
- The conflation of water absorption
- Freeze-thaw cycles
- Heat
- Wear and tear
These risks make every city, county, and state in America prime for their occurrence. If you are a Georgia driver, you know this state is no exception.
What if Your Crash Involved a Pothole?
The first thing you should do if your crash involves a pothole is get medical care, then contact an experienced Cumming car accident lawyer as soon as possible. Liability can sometimes be difficult to determine in crashes involving potholes. An experienced attorney can investigate what happened to know who is liable for your accident and injuries.
Negligence and liability for an accident caused by hitting a pothole can apply to one or more of 3 separate parties as follows:
Other Driver Liability
If you are injured in an accident where a driver lost control of their vehicle after hitting a pothole, your Cumming car accident attorney can seek compensation from the driver, holding them accountable for their actions.
Product Liability
If a pothole causes a tire blow out or some other mechanical defect, you might have a valid liability claim against the manufacturer or installer of the tire and wheel. The tire might be defective, causing it to blow out after a relatively minor impact, or it might have been inadequately installed. An experienced attorney can investigate the matter and advise you on the merits of pursuing a product liability claim against the installer or manufacturer.
Municipality Liability
Georgia's state, county, and other local municipalities are responsible for repairing and maintaining roads and ensuring that they aren't defective or damaged. A knowledgeable car accident attorney can investigate the accident, assess the situation, and recommend the most appropriate actions. In most cases, an attorney must establish that the city or municipality knew (or should have known) of the pavement defect and was negligent in remedying the dangerous road (pothole) condition.
Was a Pothole the Cause of Your Accident? Contact a Seasoned Cumming Car Accident Attorney Today
Suppose you believe a pothole could have played a role in your accident. In that case, the seasoned Cumming car accident lawyers at Banks, Stubbs & McFarland can assist you as you seek to recover damages. Contact us today at 770.887.1209 or get in touch online to schedule your no-obligation case review.