Potholes – Understanding Premises Liability When Accidents Occur

Spring is notorious for the emergence of potholes, which can pose significant risks to drivers, motorcycle riders, cyclists, and pedestrians alike. Pothole accidents are common. Every year, numerous people in Pennsylvania suffer injuries caused by potholes on public and private property. 

Why Are There More Potholes in Spring?

Potholes on roads tend to appear and become more dangerous in the spring for several reasons. During colder months, water seeps into road or sidewalk cracks and freezes when temperatures drop. As it freezes, the water expands, causing cracks to widen. When the weather warms in spring, the ice melts, leaving behind weakened surfaces that crack and crumble into potholes or open cracks as tires or foot traffic move over them. 

Spring’s fluctuating warm and freezing temperatures make the process more prevalent, increasing pothole accidents.

What Makes Potholes So Dangerous?

Potholes are hazardous for several reasons. The sudden and unexpected nature of potholes often catches drivers and pedestrians off guard, resulting in serious accidents. 

Common dangers of potholes include:

• Size and Depth: The deeper and wider the pothole, the more likely it is to cause significant damage or injury.
• Unpredictability: Potholes often appear unexpectedly, especially after storms or temperature fluctuations, increasing the risk of an accident if it cannot be easily seen.
• Impact on Vehicles: Hitting a pothole can cause jolting and vehicle damage, loss of control, or collisions with other drivers.
• Tire Blowouts: Sudden impact with a deep pothole can cause tires to burst.
• Suspension and Alignment Damage: Repeated pothole encounters wear suspension and alignment. 
• Cyclist and Motorcyclist Hazards: Potholes pose a serious balance risk to cyclists and motorcyclists.
• Pedestrian Hazards: Potholes on sidewalks or crosswalks increase tripping hazards.
• Traffic Congestion: Swerving to avoid potholes can lead to collisions.

What Are Common Types of Pothole Accidents?

Potholes present numerous dangers. Some of the most common types of accidents caused by potholes include:

• Bicycle Accidents: Potholes can cause cyclists to lose balance, fall, or be thrown from the bike.
• Car Accidents: Potholes can cause tire blowouts, suspension damage, loss of control, or collisions with other vehicles.
• Motorcycle Accidents: Hitting a pothole can cause motorcyclists to lose control of their bikes and fall.
• Pedestrian Falls: Potholes can cause serious slip and fall injuries, particularly if not visible or well-marked.
• Public Transportation Accidents: Passengers aboard buses or trains may be thrown from their seats or injured if the vehicle hits a pothole with significant force.

What Are Common Types of Injuries Caused by Potholes?

Potholes seriously threaten drivers, cyclists, and pedestrians, often leading to unexpected accidents and injuries ranging from minor scrapes to life-altering conditions. 

Some of the most common injuries include:

• Back and Neck injuries: Sudden jolts from hitting a pothole can lead to whiplash, spinal cord injuries, strains, and sprains.
• Bone Fractures: Pedestrians or cyclists who fall due to potholes often suffer broken bones, including fractures in the wrists, legs, and arms.
• Concussions and Traumatic Brain Injuries: Drivers and passengers may hit their heads on the dashboard or steering wheel in serious car accidents caused by potholes.
• Cuts and Lacerations: Falls caused by potholes can lead to cuts and bruises, especially if pedestrians are thrown against hard surfaces.
• Knee, Ankle, and Foot Injuries: Pedestrians and cyclists can suffer sprains, strains, and fractures in the lower body due to a fall caused by a pothole.

What Is Premises Liability and Its Role in Pothole Accidents?

Potholes are a common hazard on both public and private properties. Injuries caused by potholes are covered under premises liability due to the property owner’s duty of care to ensure a safe premises, including addressing and repairing pothole hazards. 

Property owners who fail their duty of care can be held accountable for any accidents resulting in injuries or damages. 

Can I File a Claim Against the City for My Pothole Injuries?

While possible, filing a premises liability claim against a city or government entity for pothole-related injuries can be challenging. While property owners are generally responsible for maintaining safe conditions, government entities often have legal protections limiting their liability for accidents. However, exceptions may apply if the government had actual or constructive notice of the pothole and failed to repair it in a reasonable timeframe.

Some challenges of pursuing a premises liability claim against a government entity include:

• Sovereign Immunity: Government entities often have legal protections shielding them from liability. Claims that can proceed usually have to meet a higher burden of proof.
• Shorter Filing Deadlines: The standard personal injury statute of limitations in Pennsylvania is two years. However, claims against government entities require written notice within six months under the Pennsylvania Tort Claims Act.
• Notice Requirements: Many government agencies require claimants to submit written notice before initiating a lawsuit detailing the accident, injuries, and compensation sought.
• Liability Defenses: The government may argue that it was unaware of the pothole, did not have sufficient time to repair it, or that it was an “open and obvious” hazard that a reasonable person should have avoided.

Navigating a claim against a government entity requires an experienced premises liability lawyer.

How Do Auto, Health, and Homeowners Insurance Factor into Pothole Accidents?

Hitting a pothole can do more than just shake up your drive—it can damage your car or cause injuries. If that happens, different types of insurance may come into play to help cover the costs.

Here is how auto, health, and homeowners insurance might apply if you are involved in a pothole-related accident:

• Auto Insurance: In Pennsylvania, you must first use your required Personal Injury Protection (PIP) coverage to pay for medical expenses if you are injured, no matter who is at fault. If your car is damaged, collision coverage may help with repairs, but you will be responsible for paying the deductible.
• Health Insurance: If medical costs exceed your PIP coverage, your health insurance can cover additional expenses, though you may still be responsible for co-pays or deductibles. If you were injured as a pedestrian or cyclist and do not have PIP coverage on your policy, health insurance would be your primary option for covering medical bills.
• Homeowners Insurance: If you are injured by a pothole on private property, the property owner’s liability coverage under their homeowners insurance may cover your medical bills. However, homeowners insurance typically does not cover damage to personal property like bicycles unless caused by a specifically covered peril under the policy.

For a comprehensive guide on car insurance in Pennsylvania, check out Galfand Berger’s Auto Insurance Book: https://www.galfandberger.com/resources/2-2/.

What Should I Do After a Pothole Accident in Philadelphia?

The actions you take following an accident can significantly benefit your claim later. If you are unhurt and physically able, you should:

• Report the accident and injuries to the property owner or police, depending on your location.
• Exchange contact and insurance information with the property owner.
• Take photos of the scene, your injuries, property damage, the pothole, and anything else relevant.
• Gather contact information and statements from any witnesses.
• Seek medical attention as soon as possible to determine the extent of your injuries and obtain a doctor’s report.
• Keep all records related to the accident.
• Hire a skilled lawyer with experience handling premises liability claims and negotiating with insurance companies.

How Can Galfand Berger LLP Help Me After a Pothole Accident?

A pothole accident can leave you with serious injuries. At Galfand Berger LLP, our skilled legal team has extensive experience handling premises liability and municipal claims and holding negligent parties accountable. 

Some recent premises liability settlements and verdicts include: 

• $10 Million Recovery after our client suffered a fatal workplace fall.
• $1.25 Million Settlement for a woman injured when a tractor trailer hit her car parked on the roadside.  

Philadelphia Premises Liability Lawyers at Galfand Berger LLP Help Injured Clients Seek Compensation for Pothole Injuries

Potholes may seem innocuous but can cause serious injuries and property damage, especially if a property owner fails to address the hazard and protect visitors from harm. If you have suffered an injury due to a pothole, the skilled Philadelphia premises liability lawyers at Galfand Berger LLP can help. Call 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in New Jersey and Pennsylvania, including Allentown and Harrisburg.