Recoverable Damages in Pothole Accidents
Did you know that pothole damage causes U.S. drivers $3 billion annually, according to AAA auto club?
Potholes strain your vehicle suspension and shocks, leading to wheel damages, blowouts, and even accidents. With larger potholes, drivers are likely to lose control over their vehicles, leading to accidents.
As potholes cause so much damage or injury, contact an attorney if you suffer from a pothole accident. They will be able to assess if your damages are recoverable or not.
Only a knowledgeable auto accident lawyer in Burbank can help you in seeking compensation for pothole accidents.
What Are the Causes of Potholes?
A flawed drainage system, lack of maintenance, and wear and tear on roads lead to potholes.
Water enters road cracks and gradually enlarges when the water freezes, leading to potholes. The potholes widen with time as the cracks thaw and freeze with environmental changes.
Besides, the additional chemicals used to treat winter weather conditions worsen the situation. Potholes also tend to elevate during the spring and winter seasons due to fluctuating temperatures and higher precipitation.
Potholes can grow several feet to create a trap and become a leading cause of car accidents.
What Are the Recoverable Damages in Pothole Accidents?
The good news is that you can claim three types of recoverable damages if involved in pothole accidents. They are:
- Recovering the cost of repairing cars damaged due to pothole accidents
- Making claims for treatment and nursing care expenses
- Recovering all lost wages and loss of future earnings
You may also consider the defaulter’s liability assessment if your earning potential is adversely affected.
However, according to California’s statute of limitations, you should file pothole accident claims within three years from the accident date. So you must make your claim on time. Any delay in making claims may only end up with its rejection.
How to Prove Liability for Potholes?
There are a few things to do to prove liability for potholes. They are:
- Proving that potholes indeed caused the accident
- Proving that the negligent party had breached their duty of road maintenance. And that it was this negligence that leads to the potholes and consequential property damage, injuries, or both.
- Proving that the accident would not have taken place if there had not been a pothole.
It is the municipality’s responsibility to maintain public roads. So they have to keep roads and highways free from potholes and other hazards that may cause accidents.
However, it is challenging to hold a government entity responsible for an accident. It’s because, except for some exceptions, most government entities are immune from liabilities.
The best way to prove the municipality liable is by establishing that drivers cannot easily notice the pothole. You should also prove that it is unavoidable and thus dangerous for vehicles crossing such roads.
Unfortunately, the whole process of holding the municipality responsible is complicated and challenging. It is not something the common person may be able to do on their own.
Do I Need an Attorney to File Pothole Accident Claims?
According to NBC4 I-Team and 89.3 KPCC, Los Angeles fails to reimburse most drivers for pothole accident damages.
These statistics emphasize the importance of hiring a Burbank auto accident attorney to file your claim correctly, and on time. The claim process is challenging as it involves a government entity claiming the damage claims.
However, a skillful presentation by an experienced attorney can validate your lawsuit. There is a higher chance of them claiming your rightfully deserved compensation for pothole accident damages.