Riding along Texas roads on a car, motorcycle, or bicycle can be pleasant most of the time. However, hitting a pothole can cause major damage to your vehicle and put you at risk.
Streets in Houston and other cities are often uneven, filled with debris, loose rocks, and treacherous potholes that make for a bumpy and dangerous ride.
While small debris might not cause much harm, large dips and holes can severely damage your car and cause you to lose control. Potholes—often called “catastrophic crevices”—are both common and hazardous.
In this blog we explain why potholes are so dangerous and what you can do if you’ve been affected by one.
A Pothole Can Damage Your Vehicle, Your Passengers, And You
Potholes can damage your car or truck and leave you and your passengers seriously injured. A sudden jolt can cause severe structural damage to your vehicle, leading to costly mechanical problems. Let’s break down the types of damage potholes can cause.
Tire Blowouts and Wheel Damage
When a tire plunges into a deep pothole, it can split or puncture due to the sharp edges. This damage can cause a rapid air release, leading to a blowout. A blowout can make you lose control of your vehicle, potentially causing a collision with oncoming traffic or other hazards.
Steering System Misalignment
The force of hitting a pothole can misalign your steering components and even affect your engine. This misalignment can lead to control issues, increasing the risk of an accident.
Exhaust System Damage
Deep potholes can scrape or damage your exhaust system as it hits the ground. A damaged exhaust can harm your engine and expose you and your passengers to dangerous carbon monoxide fumes.
Risks to Your Passengers and You From Potholes
In addition to vehicle damage, the impact of hitting a pothole can cause serious injuries to everyone inside the car. Common injuries include whiplash, leg injuries, concussions, spinal cord trauma, broken bones, and internal bleeding. Even minor incidents, like hot liquids spilling on a child due to a sudden jolt, can be concerning.
Who Is Liable for Potholes on Texas Streets?
After an accident, you might feel stuck paying for repairs or medical bills yourself. While you could file an injury claim under your comprehensive auto insurance policy, insurers often deny claims by calling potholes “acts of God.”
However, potholes are not acts of God—they result from negligent road maintenance.
So, who is liable? The answer is the city, county, or state government responsible for maintaining the road. These agencies are tasked with ensuring road safety, including repairing hazardous potholes.
Despite their responsibility, government agencies often claim immunity from lawsuits under sovereign immunity laws. However, if you can prove negligence, you may still hold them accountable.
How to Sue a Government Agency for Damage From a Pothole
Under the Texas Tort Claims Act, sovereign immunity can be waived in certain cases. To sue, you must first obtain permission and then demonstrate the agency’s negligence. You can file a lawsuit if:
- A government employee caused harm while driving as part of their duties.
- You were harmed by the condition of government property, such as a pothole.
Proving negligence is challenging, as the government may argue they didn’t know about the pothole or didn’t have time to repair it.
In personal injury claims, the burden of proof lies with you as the plaintiff. To sue a government agency, you must prove:
- The agency owned or controlled the unsafe road.
- The road was hazardous at the time of your accident.
- The road condition directly caused your accident.
- The government should have anticipated the hazard but failed to act.
- Their negligence directly contributed to your accident.
You Don’t Have a Lot of Time to File Your Lawsuit
If a pothole on private property caused your injuries or vehicle damage, the property owner may be liable. You can file a premises liability claim against their insurance or a personal injury lawsuit within Texas’ two-year statute of limitations.
For claims against government agencies, the timeline is much shorter. You have only six months to sue the State of Texas, and local entities like the City of Houston require notification within 90 days. Acting quickly is essential to protect your rights.
Additional Steps to Take After a Pothole Accident
If you’ve been involved in a pothole-related accident, there are several steps you can take to protect your rights and strengthen your claim. First, document the scene by taking photos of the pothole, your vehicle, and any visible injuries. This evidence can be critical in proving negligence.
Next, seek medical attention immediately, even if you feel fine. Some injuries, like whiplash or internal bleeding, may not show symptoms right away. A medical report will also serve as evidence linking your injuries to the accident.