Vroom . . vroom . . . THUD!
Everyone is familiar with the feeling of unexpectedly hitting a pothole. That jarring and unsettling sound that makes you glance in the rearview mirror to see if a part of your car is lying in the road.
A survey from AAA found that last year, 1 in 10 drivers sustained vehicle damage significant enough to warrant a repair after hitting a pothole.
In this blog post, we’ll explore who is responsible for potholes and discuss your options for repairs and compensation.
What is a pothole and how is it formed?
A pothole is a depression or cavity in a road surface, typically caused by environmental conditions and normal road use. Potholes can vary in size and depth but generally start small and grow over time if not repaired.
Let’s take a closer look at exactly how potholes are formed:
- Water infiltration: Pothole formation begins when water (typically from rain or snow) penetrates cracks in the road surface.
- Freeze-thaw cycles: As temperatures drop, the water in the soil beneath the pavement freezes, causing the ground to expand and push the pavement upward. When temperatures rise again, the ground returns to its normal level, but the pavement remains raised. This creates a gap between the pavement and the ground below it.
- Traffic stress: Vehicles, which drive over these raised areas, exert pressure on the unsupported pavement. The repeated stress causes the pavement to crack and collapse into the hollow space below, forming a pothole.
- Displacement: Over time, the continuous pressure from traffic causes more of the pavement to break apart and displace, enlarging the pothole.
Potholes are particularly common in regions with significant temperature fluctuations and heavy traffic—think Washington and New York. However, they can develop on any road surface exposed to the elements and regular use.
Although nationwide pothole data isn't systematically kept, we can get a sense of the scale by examining a single city. Take Seattle, Washington, for example. According to the Seattle Department of Transportation, the city fills approximately 10,000 potholes each year.
What kind of damage can potholes cause?
Potholes can cause a wide range of damage to vehicles. While minor issues such as flat tires, bent wheels, or the loss of a hubcap are common, more severe problems can also arise. These can include:
- Damage to the suspension system
- Misalignment
- Damage to the car’s frame
The impact of hitting a pothole can also affect the steering, making it difficult to control the vehicle, which can potentially lead to accidents.
After hitting a pothole, it’s important to inspect your car for any damage. Be on the lookout for abnormal vibrations, unusual noises, warning lights, and performance issues. Identifying and addressing these problems early can help prevent further damage and ensure your vehicle remains safe to drive.
Who is responsible for repairing potholes?
The owners of a road have a legal duty to maintain the road and keep it free from dangerous conditions, such as potholes.
In the United States, the vast majority of roads are owned by various levels of government, including city, county, state, and federal agencies. This means that if your car is damaged as a result of a pothole, you probably need to pursue compensation from the government entity responsible for maintaining that road.
To find out who owns a particular road, you can check with your local Department of Transportation (DOT) or public works department. Many cities and counties have online resources or maps that indicate the jurisdiction of different roads.
Suing the government for damage caused by a pothole
To successfully sue the government for damage caused by a pothole, it's not enough to simply show that your car was damaged by a pothole. Instead, you’ll need to prove that the government was negligent. To do this, you need to establish that:
- The government knew or should have known about the pothole, and
- The government failed to repair the pothole in a reasonable amount of time.
Let’s look at a hypothetical:
Imagine you’re driving through your city on a busy road that’s known for heavy traffic. One day, you hit a deep pothole that causes significant damage to your vehicle, including a bent wheel and damage to the suspension. You decide to sue the city for the repair costs.
To build a strong case, you gather evidence that the pothole had been reported multiple times by other drivers over the past two months. You obtain copies of these reports from the city’s public works department, showing that they were aware of the pothole’s existence.
Additionally, you find that the city’s road maintenance logs indicate no action was taken to inspect or repair the pothole during this period. This evidence supports your claim that the city knew or should have known about the dangerous pothole and failed to address it within a reasonable timeframe, demonstrating their negligence.
By establishing these facts, you strengthen your case against the city, potentially allowing you to recover damages for the repairs needed to fix your vehicle.
It’s important to keep in mind that every state has special rules that apply when suing the government. You’ll need to follow these rules or your lawsuit may be dismissed.
For example, most states require you to file a “notice of claim” with the appropriate government agency before filing a lawsuit. The government will have a certain amount of time to respond to this claim. If the government rejects your claim, you can proceed to filing a lawsuit.
It’s a good idea to consult with an experienced personal injury attorney before attempting to sue the government.
If the road is privately owned, the process of filing a lawsuit will likely be simpler. However, identifying the responsible party can be tricky, as most private roads are maintained by homeowners' associations or through complicated private agreements.
Filing an insurance claim
You may not need to sue the government to collect damages if you have the right insurance coverage. Collision coverage, which is optional, can cover damage caused by hitting an obstacle such as a guardrail, telephone pole, or pothole.
Keep in mind that it’s generally only worth filing an insurance claim if the repair costs exceed your deductible.
How to avoid potholes
While potholes are a common hazard for drivers, there are steps you can take to minimize the risk of damage:
- Check your tires: Ensure proper tread depth by using the "quarter test." Insert a quarter into the tread groove with Washington’s head upside down; if you can see the top of Washington’s head, it’s time to start shopping for new tires. Additionally, use a quality gauge to check tire pressure regularly. Follow the vehicle manufacturer's recommended inflation pressure, which can be found on a sticker inside the driver’s side door.
- Keep your eyes on the road: Stay alert and scan the road ahead for potholes. If it's safe, drive around them. Be cautious of standing water, which can disguise deep potholes. If you must drive through water, do so slowly and treat it as if potholes may be hidden beneath.
- Reduce speed safely: When you cannot avoid hitting a pothole, reduce your speed safely and avoid abrupt braking, which can compress the suspension and increase damage. Striking a pothole at higher speeds increases the risk of severe damage, including misalignment, steering issues, and suspension damage.
- Inspect for damage: After hitting a pothole, listen for new or unusual noises or vibrations. If you notice anything unusual, take your vehicle to a trusted repair facility for a full inspection as soon as possible.
Potholes are a common hazard that can cause significant damage to vehicles. Knowing how potholes form, the kind of damage they can cause, and who is responsible for road repairs can help you navigate the process of seeking repairs and compensation.