The liability for a car pothole accident can be very complex and challenging, with many factors often overlooked. As a result, you are determining liability as the driver is likely a complex process requiring careful consideration. As a victim of a pothole accident, you should understand the difficult circumstances surrounding liability for a car pothole accident. It is best to contact an experienced personal injury attorney immediately. Your lawyer will be able to help determine if there is another cause for your injuries besides the pothole accident and help you decide who may be responsible.
6 Factors That Make Determining Liability For A Pothole Accident Harder
1. Substandard road maintenance
Potholes emerge because of poor road maintenance. Poor road maintenance is often caused by the disrepair of the infrastructure or other factors that are not the result of pothole accidents. Because of this, it can be challenging to quantify that the car pothole accident is the only cause of damage.
2. Fault diffusion
Because potholes develop so quickly, it is often impossible to determine who is responsible for the original pothole that caused the accident. Even if a driver knows they hit a pothole and have evidence of damage and the extent of injuries, proving fault can be difficult.
3. Lack of documentation
Because many municipalities need to keep detailed records about road maintenance, it can be challenging to prove whether a pothole existed before the accident. It makes it hard to argue that the accident is due to poor maintenance rather than an actual pothole, as an accident caused by a defect in the roadway does not have supporting documentation.
4. Lack of evidence
The lack of evidence can be a significant problem in determining liability for a pothole accident. Because many municipalities need to keep detailed records about road maintenance, it can be hard to decide whether there was actionable negligence to prove negligence on the part of another party.
5. Even when determined not easy to prove
In most cases, a driver must prove that another party was negligent in determining liability in a car pothole accident. It is often challenging to prove because proving negligence in these cases is only sometimes a simple task, especially if the pothole was on a road or bridge that was not maintained.
6. Disparate and complex causation
Potholes develop very quickly, and it can be complex to determine the cause of an accident if the time between the pothole’s formation and when it was hit by a car is unknown. In many cases, it is difficult to prove that an accident is due to poor maintenance and not caused by a pothole.
As a victim of an accident with a pothole, you must understand that the liability for a car pothole accident can be complex. Your lawyer will be able to explain the difficult circumstances that surround liability for a car pothole accident and help determine who may be responsible for your injuries. It is important to note that the complexity of proving liability for a car pothole accident does not necessarily mean that you are not entitled to compensation for medical treatment and loss of income.