New York Pothole Accident Lawyer
Potholes form during periods of expansion and contraction after water has gotten underneath the pavement. This expansion and contraction eventually causes damage to the pavement, where a small hole forms. The hole grows as cars drive over it and heat and cold expands and contrasts the pavement. If left on their own, all roads will eventually develop potholes and become unusable. As such, municipalities, state agencies, and other parties have a responsibility to maintain roads. Failure to do so will eventually cause crashes as drivers either swerve to avoid potholes, slam their brakes on at the last second, or lose control as their wheel enters the pothole. Drivers injured in pothole crashes have the right to seek damages from the at-fault party, and the New York pothole accident lawyers at Cohan Law Firm can help you file a successful claim.
Proving Liability
Roughly 94 percent of all fatal and injury collisions are caused by driver error. As such, the vast majority of collisions are caused by speeding, failure to yield, texting and driving, intoxicated driving, road rage, tailgating, and other human errors. Only a minute fraction of collisions are the result of poor road surfaces. Yet, potholes do cause crashes, and municipalities can be held accountable in these scenarios. Proving liability, against the odds, is still a challenge in every pothole accident. To be successful, a plaintiff must be able to establish the following element:
- The city had real or constructive knowledge of the hazardous pothole
- The city had a reasonable amount of time to fix the pothole or otherwise resolve the hazard
- The city failed to take action
- The pothole caused your crash
- You were injured in the crash
To make matters more complicated, there are cases in which another driver might be partially (or in some cases fully) at fault for causing a pothole crash. For example, if you braked hard for a large pothole and the driver behind you rear-ended you because they were tailgating, the situation quickly becomes more complex.
When a City is Not Responsible
In some cases, a pothole crash may not be the fault of the city, but of a property owner, business owner, state agency, or other party responsible for maintaining the roadway on which you crashed. Examples include parking lots, interstate highways, state highways, and private roads.
Damages in a New York Pothole Collision
A personal injury claim against a municipality or property owner (if the crash happened in a parking lot, for example), can render all of the following types of damage compensation:
- Hospital bills
- Future medical expenses
- Emotional distress
- Pain and suffering
- Loss of joy of life
- Lost wages
- Lost earning capacity
- Property damage
Call a New York Pothole Crash Attorney Today
Cities and other parties have a duty to maintain streets so they are safe for all road users, including drivers, motorcyclists, bicyclists, and others. If you were injured in a crash, call the New York pothole crash attorneys at Cohan Law Firm at 855-855-0321 today for a complimentary consultation.
