You likely see potholes on your daily commute often. Unfortunately, it can be difficult to have all critical road maintenance conducted before people are injured as a result.

If you’re involved in a car accident due to a pothole and you sustain injuries, it’s important to know what to do. Read on to learn more.

Gather The Pertinent Evidence

It’s critical to your case that you gather as much relevant evidence as possible. This includes doing the following:

  • Soon after the crash, document what happened and why. Discuss the following:
    • Your direction,
    • Speed,
    • Weather conditions, and
    • Any other factors that contributed to the wreck.
  • Take note of the size of the pothole, its location, and the surrounding pavement.
  • Snap some photos of the:
    • Vehicular damage you incurred,
    • Any visible physical injuries you suffered, and
    • The pothole(s) involved in the crash.

Liability For A Crash Involving A Pothole

It is the government’s responsibility to maintain roads so they are in safe working conditions for all users. Roads are usually serviced by:

  • Cities,
  • Counties, and
  • States.

If you’re injured in a pothole crash, you may be able to file a claim against the government for compensation. To have a viable case, you must prove the government failed to adequately maintain the road. Most governments learn of hazardous road conditions through:

  • Individuals who report them, and
  • Conducting periodic surveys of the roads.

Proving Negligence

You must have evidence the government acted negligently in some way, and this negligence led to your damages in order to have a viable case. You’ll need to prove:

  • The government was aware of the unsafe condition or reasonably should’ve known about it, and
  • The government failed to fix the hazardous road condition within a sufficient time.

We’re Here To Help Injured Victims

If you’ve been hurt in a crash due to a pothole or another unsafe road condition that should’ve been maintained by the government, we’re here to help.

We offer free consultations and we know how to assist you. Contact our office right away to discuss the details of your case by calling (404) 529-9371 or filling out the online contact form.