Car Accidents Caused by Potholes: Who is Liable?

Potholes are more than just an inconvenience. They can cause significant vehicle damage and lead to serious accidents. In Nashville, where fluctuating weather conditions contribute to road deterioration, understanding liability in pothole-related car accidents is crucial. This article discusses who may be held responsible and the steps one should take with Bart Durham Injury Law, a local, trusted car accident lawyer in Nashville. 

Understanding Pothole-Related Accidents

Potholes form when water seeps into cracks in the pavement, freezes, and then expands, causing the asphalt to break apart. Over time, this process creates large cavities that pose hazards to motorists.

Hitting a pothole can result in tire blowouts, suspension damage, and in severe cases, loss of vehicle control leading to accidents.

Determining Liability for Pothole-Induced Accidents

Liability in pothole-related accidents hinges on proving negligence. Generally, government entities are responsible for maintaining roadways. However, holding them liable requires demonstrating that they knew or should have known about the pothole and failed to repair it within a reasonable time frame.

In Tennessee, claims against the state for such damages are investigated on a case-by-case basis, considering factors like prior notification and reasonable time for repairs.

Filing a Claim in Tennessee

If your vehicle sustains damage from a pothole on a state-maintained road in Tennessee, you can submit a damage claim to the Tennessee Department of Treasury. The process involves:

• Providing Proof of the Incident: Document the exact location, including route, mile marker, and nearby landmarks.
• Submitting Repair Records: Include invoices or estimates detailing the damage and repair costs.
• Demonstrating State Negligence: Show evidence that the state was aware of the pothole prior to your incident and neglected to repair it in a timely manner.

Claims are evaluated individually, and compensation is not guaranteed.

The Role of a Car Accident Lawyer in Nashville

Navigating the complexities of filing a claim against a government entity can be daunting. A seasoned car accident lawyer in Nashville can assist by:

• Gathering Evidence: Collecting necessary documentation and witness statements to support your claim.
• Negotiating with Authorities: Communicating effectively with government agencies to advocate on your behalf.
• Ensuring Compliance: Making sure all procedural requirements and deadlines are met to prevent claim denial.

Their expertise can significantly enhance the likelihood of a favorable outcome.

Steps to Take After a Pothole Accident

• Document the Scene: Take photographs of the pothole, your vehicle's damage, and the surrounding area.
• Report the Pothole: Notify local or state authorities about the pothole to create an official record.
• Seek Legal Counsel: Consult with a car accident lawyer in Nashville to evaluate your case and guide you through the claims process.

Bart Durham Injury Law: Advocates for Accident Victims

With more than 75 years of combined experience, Bart Durham Injury Law has been a steadfast advocate for personal injury victims in Tennessee and Kentucky. Our dedicated team understands the intricacies of accident claims. We offer personalized legal strategies aimed at securing the compensation you deserve.

If you've been involved in a pothole-related car accident, don't navigate the legal complexities alone. Visit us at Bart Durham Injury Law 24/7 for a FREE consultation and let our experienced professionals fight for your rights!