Who Is Responsible for Damages Caused by Potholes?
Whether you live in a city where cold weather causes road damage or a city where constant growth hits the roads, it is annoying to drive through a pothole, and it can be very harmful to your car.
The question is - who is responsible for pit damage if you blow a tire or damage your vehicle when landing?
Is the City Liable?
In general, it is the city's responsibility to maintain the roads and sidewalks and the responsibility of the state to maintain the roads between the countries. The State Department of Transportation is responsible for maintaining the federal highways. These departments will theoretically pay for your property damage.
Like a slip or fall, the city or a property owner must be shown to have acted negligently in the maintenance of the roadway or property. You must first complain about the error and then not remedy or warn those injured by mistake.
The negligent liability also enables a lower financial compensation if the injured party is also guilty. However, the city or state often does not pay a claim because they did not know about the damage and that the driver is guilty of not avoiding the pit.
How Do You Hold a City Accountable?
Bringing an action against the government is different from bringing action against an individual. There are legal procedures that must be followed before you can initiate legal proceedings, including requesting a refund for the first time.
In many cases, state governments enjoy immunity from legal proceedings. In New York, the State Board of Corrections provides a place for individuals or companies to seek compensation for personal injury or property damage caused by the state, its government commissions, institutions, or departments.
How We Can Help
Contact our attorneys who specialize in these cases if you have been injured by poorly maintained city streets or federal highways. They can be very complicated, but you have the legal resources. The Ahearne Law Firm, PLLC may be able to be here for you.
The road is challenging, but it is far from impossible. If you or your vehicle sustained considerable damage due to the irresponsibility of your city, we might be able to help. Call our office today at to schedule your free consultation.