Pothole Accidents

Continued use of roads, especially by larger (and heavier) vehicles like trucks and buses, can cause the asphalt covering a street or highway to slowly break away and eventually forming a pothole. Potholes can also be formed on sidewalks as the concrete breaks away (typically because of large trucks occasionally driving over the sidewalk), until a hole is created. As these potholes grow larger, pedestrians, cyclists, motorcycle riders and drivers are put at risk.

For example, when the wheel of a car is caught in a pothole, the wheel and the suspension of the vehicle can suffer damage, causing the driver to temporarily lose control of the vehicle and steer into other lanes of traffic, causing a collision with another vehicle. If the collision is head on, the injuries can be catastrophic, if not deadly. Moreover, depending upon the size of the pothole and the speed of the vehicle, the car may end up rolling over, a kind of crash that typically has deadly consequences for the occupants of the vehicle.

Typically, the responsibility for repairing potholes on a city street or on a sidewalk lies with local government bodies.

Injuries Caused by Potholes

Potholes can cause very serious accidents and thus, very serious injuries. If a victim trips and falls as a result of a pothole, the injured person could suffer any of the following types of injuries:

  • Traumatic brain injury
  • Sprains
  • Torn ligaments
  • Joint damage
  • Broken bones/fractured bones
  • Back injuries
  • Neck injuries
  • Tailbone injuries
  • Nerve damage
  • Scarring and disfigurement

Similarly, if the victim suffered a pothole accident while driving a vehicle on a city street (or as a passenger in the vehicle), the victim can suffer a variety of injuries, especially if the car ends up crashing. These victims may suffer the same kinds of injuries described above:

Statute of Limitations

Since victims of pothole accidents will likely be trying to recover monetary compensation for their injuries from the government, Florida Statute 768.28.(6)(a) sets a three year period within which these victims can file a claim with the head of the government agency responsible for repairing the pothole. Other requirements also apply. For example, claims for ordinary negligence in Florida normally carry a four (4) years Statute of Limitations. Always check with a qualified Florida lawyer to determine what Statute of Limitations applies to any claim you or a loved one may have.

Thorough Investigation

Suing the government is not easy. In addition to the typical rules inherent to any accident case, many different rules and regulations apply when seeking compensation from the government. Therefore, it is in the best interest of the victim of a pothole accident to hire a personal injury lawyer experienced handling these types of cases immediately after the accident or as soon thereafter as possible.

Prompt action allows the attorney to immediately start preparing the case for maximum recovery of compensation. An experienced lawyer knows he must immediately dispatch investigators to the scene so that they can start collecting evidence that may be otherwise lost with the passage of time and interview witnesses that may otherwise forget the events leading to the accident. Often times, Government records need to be thoroughly reviewed after a request under Florida Statute 119 (Public Records Request) is made. At the Law Offices of Greenberg, Stone & Urbano we have an in-house investigator that we dispatch to the scene of an accident as soon as a client hires us and we are experienced in knowing what records exist or should exist for us to request.

We Can Help

If you have been injured as a result of an accident caused by a pothole, you must immediately seek the help of an experienced Miami pothole lawyer that can help you recover monetary compensation for your injuries. The lawyers of the Law Offices of Greenberg, Stone & Urbano have more than 100 years of combined experience handling all types of car accident cases, including those caused by potholes. If you or a loved one have been the victims of a motor vehicle accident caused by a pothole, please contact us immediately at 305-595-2400.

We offer a free initial consultation and handle all personal injury matters, including car accidents caused by a pothole on a contingency fee basis. This means that you do not have to pay us nothing unless we recover monetary compensation for you and your family.