Potholes - Who is Liable?

Potholes are more than just an annoyance for drivers—they can cause serious accidents, resulting in injuries and costly damages. If you've been hurt in a car accident caused by a pothole, you may be wondering who is responsible for covering your medical bills and repair costs. Understanding liability in these situations can help you determine whether you have a personal injury case.

How Potholes Cause Accidents

Potholes form when water seeps into cracks in the road, freezes, and then expands, causing the asphalt to break apart. Over time, as vehicles continue to drive over these weak spots, potholes grow in size and depth. For drivers, this means an unexpected bump that can lead to:

• Tire blowouts
• Loss of control of the vehicle
• Damage to suspension or alignment
• Swerving into other lanes or vehicles

In more serious cases, pothole-related accidents can result in collisions with other cars, pedestrians, or even objects off the road.

Who is Responsible for Maintaining the Roads?

Determining liability for an accident caused by a pothole often depends on who is responsible for maintaining the roadway. Roads can be managed by various entities, including:

• Local municipalities (city or county government)
• State transportation departments
• Private property owners (in the case of private roads)

Each of these entities has a legal obligation to maintain safe road conditions. If a pothole has been neglected for a significant period, or if the municipality was aware of it but failed to fix it, they may be liable for any injuries or damages that occur.

Proving Negligence in a Pothole Accident

To file a successful personal injury claim after a pothole-related accident, you must prove that the responsible party was negligent. This means demonstrating that they failed to properly maintain the road and that their negligence directly caused your accident.

To strengthen your claim, gather as much evidence as possible, including:

1. Photos or videos of the pothole at the time of the accident
2. Witness statements from other drivers or pedestrians who saw the accident
3. Police reports documenting the scene and road conditions
4. Repair records showing how long the pothole had been there and whether the city or municipality had been notified

What If You’re Partially at Fault?

In some cases, drivers may be found partially responsible for the accident, especially if they were speeding or driving recklessly. Many states follow comparative negligence laws (Utah is a modified comparative fault state), which means that even if you are partially at fault, you may still be able to recover compensation, though the amount may be reduced based on your level of responsibility.

How a Personal Injury Lawyer Can Help

Potholes can cause dangerous and costly accidents, but you don't have to shoulder the burden alone. If you or a loved one has been injured due to a pothole-related accident, contact our experienced personal injury attorneys at JDB Law, PLLC today. We can review your case, explain your options, and fight for your rights to get the compensation you deserve.