Pothole Q&A

Frequently Asked Questions

OUR ATTORNEYS CAN HELP WITH YOUR POTHOLE CASE

Potholes are a menace on the road and can lead to car accidents. In Detroit and other parts of Michigan, there are potholes on the road, and if they cause a vehicle accident, you can sue for personal injuries on the grounds of poor road maintenance. However, it can be challenging to go up against the government and win, as you must establish several factors, such as previous knowledge and adequate repair time, to succeed.

Therefore, if you sustain injuries after a car accident caused by a pothole, contact Goodman Acker P.C. immediately. We can review your potential case to see if you are entitled to benefits. Call us at 248-286-8100 to book a free case review.

Why do you need our attorneys at Goodman Acker P.C.?

At Goodman Acker, P.C., we understand that no accident case is easy, so we do all we can to help our clients secure a favorable outcome. Whether individuals or government entities, we have the skills and knowledge to help our clients and adequately represent their interests. Whether you live in Detroit or Grand Rapids, we have trained and experienced attorneys committed and dedicated to every case.

If you need a reliable law office to fight for your rights and put your interest first, we are the ones to call. Our initial consultations are free, and we work on a contingency fee basis. Call us now at 248-286-8100 to learn more about our services and how we can help you.

Why do potholes form?

A pothole is a depression underneath asphalt and concrete that forms when the ground weakens and the weight of traffic continually presses down until the spot gives away, creating a hole in the street. Simply put, potholes are caused by:

• Wear and tear
• Extreme weather conditions
• Poor drainage
• Improper maintenance
• Substandard materials.

If left unchecked, potholes cause water to pool on the spot. In some cases, it leads to a traffic accident for which those affected might be eligible for compensation.

Why do potholes form so often in and around Detroit?

Potholes are common around Detroit due to the region’s seasonal temperature swings and moisture. Water in the ground pools during the day, freezes at night, and thaws again in the morning. The continual cycle breaks apart the surrounding soil until it finally collapses, forming a pothole.

How can I spot a pothole to avoid it?

The best practice is to keep a safe distance between yourself and the vehicle before you, allowing you more time to watch the street for malformations. You should also look for puddles of water where it seems water should not collect.  Avoid speeding, as doing so will limit your ability to see the pothole in time to prevent it.

How do I report a pothole in Michigan?

Local and state governments are responsible for repairing potholes promptly to prevent car accidents and vehicle damage caused by running over a pothole. If you see a pothole, remember the details about its exact location. Call the Michigan Department of Transportation (MDOT) hotline for potholes at 888-296-4546 or fill out their Report a Pothole form. You can also report a pothole to your county’s road commission.

How badly can a pothole damage a vehicle?

Running over a pothole could burst the tire that sinks into it. If this happens, the driver could lose control of the vehicle and crash, causing significant damage. Even if the driver does not crash, hitting a pothole can snap tie-rods, loosen axles, knock wheels out of alignment, damage suspension components and shock absorbers, and cause several other problems.

Can I make the city or state pay for my vehicle repairs after I hit a pothole?

Getting the government to pay for your pothole damage repairs is difficult, as there are laws protecting them. Under Michigan law (MCL 691.1403), the government can be held liable if the governmental agency knew or should have known about the existing highway defect — the pothole — and must have had reasonable time to repair it before the damage occurred. The reasonable time here is 30 days.

Therefore, you must show that the governmental agency knew of the pothole and had been aware of it for at least 30 days. This is hard to prove, especially if the pothole is new or no one knows how long it has been there.

How do I file a claim in Michigan for pothole damage?

If the accident happened on a state road, you could file a claim for damages caused by a pothole with MDOT using its Pothole Reporting Procedure. Alternatively, you can file the claim with your county road commission if the damage occurred on a local road.

Who else can pay for my damages after running over a pothole?

Since government liability for a pothole is extremely difficult to prove, you might be better off filing a claim with your insurance company. Depending on your policy’s coverage, you may be able to get all the financial help you need from them.

Get help from Goodman Acker P.C.

Whether you are filing an insurance claim or with MDOT, receiving compensation after a car accident caused by a pothole is difficult. However, it is easier when you work with our experienced attorneys at Goodman Acker, P.C. We are always available to listen to you and provide quality representation. Call us now at 248-286-8100 to schedule a free case review.

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]