As long as there have been roads, there have been potholes. They occur because of a combination of factors, such as water getting into cracks in the road and then freezing in the winter. That frozen water expands, and when it melts, the potholes form.
They can also form with increased traffic.
Case in point: Since the loss of the Key Bridge, the truck traffic through Dundalk has increased the number of potholes. Can a pothole cause a car accident? It absolutely can, but the issue then becomes: who can you blame? Is there a way to be compensated for damage from a pothole?
With the right Lanham car accident attorney on your side, you might be able to.
How Potholes Create Dangerous Driving Conditions
Potholes are deceptive dangers. What looks like a rain puddle may actually cover a deep hole. You might also think driving through a puddle is no big deal until you land in the hole.
Here are some other ways that potholes create dangerous driving conditions on Maryland roads:
Loss of Vehicle Control
If you slam into a pothole, it can jar your hands off the steering wheel and cause you to swerve unexpectedly into oncoming traffic or a median.
Severe Vehicle Damage
The impact from a pothole at any speed can trigger a tire blowout. It can also bend rims, cause damage to your car’s suspension, steering, and exhaust systems.
Multi-Car Accidents
What happens if you suddenly spot a pothole? Your natural reaction might be to slam on the brakes or swerve suddenly to avoid the hole. Unfortunately, that can set off a chain reaction of crashes.
Risk to Cyclists and Motorcyclists
Potholes don’t just pose a problem for cars and trucks. They can easily throw two-wheeled vehicles, such as bikes and motorcycles, off balance, which can lead to serious injury.
Common Types of Pothole-Related Car Accidents
A pothole-related accident can cause immediate damage to your car and often result in loss of control. That can lead to rear-end collisions. If you’ve suddenly stopped because you’ve just struck a pothole, then the car behind you might not have enough braking distance to come to a complete stop. Of course, if there are cars behind them, they can also get caught in the collision, leading to a multi-car pileup.
Slamming into a pothole can also result in the following types of injuries:
- Whiplash and neck injuries
- Back and spinal injuries
- Airbag deployment, which can cause lacerations
- Traumatic brain injuries
The damage to your car can involve needed repairs to your suspension and alignment, replacing tires, or wrecking oil pans and the exhaust system. Add it up, and it’s clear even the smallest of potholes can lead to some very significant damage.
Determining Liability for Poor Road Maintenance
After you’ve suffered damage in a pothole, you might think there is nothing to do about that because potholes just happen.
While there is some truth to that, the owner of the roads also has an obligation to keep them safe. Most roads in Maryland fall under the jurisdiction of a local city or state agency.
In order to prove negligence, you have to establish that the relevant government entity knew about the hazard. As WMAR2 News reported, there are many ways to report potholes, depending on where they are located. Once anyone makes a report, that agency is on official notice.
Of course, you can’t expect an agency to fix a pothole that just formed overnight.
However, if that pothole has been in existence for several weeks and has been the subject of numerous complaints, you could have a cause for action.
It is important to note that if you are making a claim against a Maryland agency, you must file a formal notice within 6 months to 1 year. In order to prove your claim, you’ll need to submit photos of the pothole and the surrounding area.
You’ll also need to include a police report (if applicable), a repair invoice, and any medical bills.
How a Personal Injury Lawyer Maximizes Your Recovery
Maryland follows the contributory negligence rule. That means even if you are found to be 1% at fault, you are not entitled to seek any damages. That would certainly apply to seeking damages from a government agency. That is why you need the support from GDH Law.
We are a team of experienced Lanham car accident attorneys who are all too familiar with the state’s contributory negligence rule.
That’s why we won’t move forward with a case unless we’re confident of the outcome.
We’re also not intimidated by going after a government agency. Even though there are many “layers” to the bureaucracy, our years of experience helping victims in similar situations have prepared us for the challenges. We know the agencies to identify and all the filing procedures.
If your car was damaged or you were injured by a pothole, we want to hear what happened.
Call to schedule a free consultation today to talk about your options.
