Smooth, new roads are great for driving, but these days, they seem to be the exception instead of the norm. Everyone has driven over potholes occasionally. There is usually no damage, but they can cause car accidents and costly repair bills. What can be done when that happens?
How Do Potholes Damage Vehicles and Cause Injuries?
Two main categories of pothole accidents exist: driving into one and swerving to avoid one. Keep in mind that the impact of hitting a deep pothole is like a collision at 35 miles per hour: Hitting one can damage the vehicle’s shocks and suspension, damage tires, and bend or break tire wheels, but that is not all. It can also affect the alignment, damage shock absorbers, and bend steering parts.
Drivers and passengers can get knocked around and injured when riding over potholes. The airbag might even go off; if anyone is not wearing a seat belt, they can get thrown out of their seats. The risk of injury is greater for motorcycle drivers since these vehicles are smaller and the riders are out in the open.
Naturally, it is harder to see potholes at night. Even if the driver can avoid a pothole, they might lose control, swerve, and hit another vehicle, pedestrian, or object.
Liability for Pothole Car Accidents
Determining liability in these cases can be challenging, particularly without guidance from an experienced car accident lawyer. There are several possibilities for pursuing liability and compensation in pothole accidents:
- The municipality: Municipalities are legally responsible for maintaining and repairing public roads to ensure they are safe and free of damage or defects. If the accident happened in a private parking lot, you may be able to seek compensation from the owner. You will need to prove that the governing agency or owner had (or should have had) knowledge of the pothole and was negligent by failing to remedy the situation.
- The driver: If you were injured in an accident when another driver lost control after hitting a pothole or after they swerved to avoid it, you may be entitled to compensation from them.
- Product liability: When tires blow out or brakes fail during pothole accidents, some drivers pursue claims against vehicles or parts manufacturers. It may also be possible to file a claim against a mechanic or body shop if the parts were not installed correctly.
Avoiding Pothole Accidents in the City
Philadelphia drivers are used to navigating around potholes. It is important to report potholes because it could help you or another driver in the future should an accident occur. Municipalities usually have online forms to report potholes.
Additionally, potholes can worsen in the winter and spring as the ground freezes, expands, and thaws. Remember to slow down upon approaching them, and follow the speed limit because you never know when a pothole will pop up.
Our Philadelphia Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC Represent Drivers Injured in Serious Pothole Accidents
Pothole accidents can cause serious injuries and property damage. Our Philadelphia car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can offer a free consultation if your pothole claim has been delayed or denied. For more information, call us at 215-569-8488 or complete our online form. Located in Philadelphia and Abington, Pennsylvania, as well as Wilmington, Delaware, we serve clients in the surrounding areas.