New York Pothole Accidents
Every year potholes cause thousands of dollars of damages to cars and even more in personal injury to New Yorkers. The cold of winter, coupled with snow, ice, rain, and then rising temperatures make the perfect formula for pothole formation. Potholes are areas in the road that have cracked and worn away. Potholes begin as tiny cracks. If they are not repaired they can grow to be quite wide and deep. Potholes are hazardous to cars, trucks, motorcycles, and bicyclists. When, for example, a car runs over a pothole the result may not only be damage to the vehicle, but the pothole may also cause the car to be involved in a car accident. As a result of a pothole accident, victims often suffer serious injuries. A victim of such an accident could end up with a traumatic brain injury, broken bones, contusions, internal injuries, abrasions, or a spinal cord injury. Such injuries are painful and often require expensive treatment and extended recovery time. However, under New York law victims of pothole accidents are allowed to seek compensation from the person or entity whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member was injured in a pothole accident it is important to contact an experienced New York Pothole Accidents Lawyer who will help ensure that the party responsible for your injuries is held accountable for your losses. In addition, if during the course of the treatment for your injuries your doctor commits medical malpractice, the party responsible for your car accident injuries may be required to compensate you for the medical malpractice injury as well.Pothole car accidents
Potholes are dangerous because when a vehicle travels over a pothole the sudden impact may cause the driver to lose control of the vehicle and collide with other vehicles or objects. Such accidents are particularly dangerous in when pothole causes a car to veer into oncoming traffic, resulting in a head-on collision. In addition, there are some cases where a pothole accident is caused when a driver swerves to avoid a pothole and ends up colliding with another vehicle.Liability for pothole accidents
Pothole accident liability can be tricky to determine. Municipalities are responsible for repairing and maintaining roadways to ensure that they are free from defects. This includes making sure that potholes are properly repaired. Thus, in cases were a municipality had actual knowledge of a pothole or should have known about a pothole but failed to repair it, that municipality may be legally liable for accidents that resulted from that pothole.
The same may be true in cases where a driver caused an accident when he or she swerved to avoid a pothole. That driver would have a strong case that he or she had to swerve in order to avoid the hazard that the pothole presented. Thus, the municipality’s negligence was the cause of the accident.
In order to recover compensation, at a minimum you must have the following information:
- The name of the government entity responsible for the road.
- Proof that the entity had prior notice about the pothole and had time to repair it
- Evidence that the pothole caused the property damage or personal injury
In addition, you need to understand and strictly following the procedural requirements for filing a claim against the government entity.Consequences of pothole accidents
Victims injured in accidents caused by potholes sometimes suffer a variety of serious injuries. Common injuries include back injuries, head trauma, broken bones, and neck injuries. Such injuries typically require expensive treatment and extended recovery time. As a result victims miss work, losing a significant amount of income. In other cases victims suffer permanent injuries so that they are not able to return to work at all. In the most serious cases victims do not survive. Through a personal injury lawsuit or wrongful death lawsuit victims or their family members may be able to recover damages for medical expenses, lost wages, loss of future earning capacity, as well as pain and suffering.New York Pothole Accidents Lawyer
If you or a loved one was injured in a pothole accident, New York law allows you to seek compensation from the person or entity whose negligence caused the injuries. However, New York does not make it easy to recover compensation. For example, there are strict, very short time limitations for filing a claim related to pothole losses, and there are times of the year where New York is exempt from liability for pothole damage. In order to ensure that your rights are protected and proper procedures are followed, it is important that you contact an attorney with experience. The staff at Stephen Bilkis and Associates has extensive experience representing clients injured in vehicle accidents where a municipality or other government entity may be at fault. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.