A busload of tourists approach the Lincoln Tunnel excited to be in the
Big Apple. As the bus driver gets closer to the tunnel entrance, he strikes
a pothole. The driver loses control of the bus and crashes into a construction
area. Several tourists are taken to the hospital where they receive treatment
for their injuries. Witnesses say that the pothole is nearly a foot deep!
This story is not a tall tale. In fact, an accident like the one above
happened in New York City just last year. Even worse, news reports claim
that some city officials were informed about the dangerous pothole.
Experienced New York City motor vehicle accident attorneys know that this story is not unique to the Big Apple. These types of accidents
happen in Newburgh, Poughkeepsie, Kingston, Hudson and all throughout
New York State. The roadways in even a small town can have hundreds of
potholes; no municipality is exempt.
pothole accidents should know that they can be compensated for their injuries. When pothole
accidents occur on public roadways, the public entity that is responsible
for maintaining the road is the liable party. It could be a city, town,
village or even the state.
The government, just like private owners, must keep their property in a
reasonably safe condition. However, there are some procedural differences
in suing a public entity as opposed to suing a private party.
For example, when suing the government, the plaintiff must give notice
to the public entity before actually commencing litigation. Of course,
this means that the plaintiff will need to know what entity is responsible
for maintaining the road on which the accident occurred.
Knowledgeable motor vehicle accident attorneys can be of great assistance in investigating the issue on behalf of the victim.
Also note that the entity in charge of maintaining the road must have received
notice that the pothole existed. For example, a citizen sends a letter
to the New York Thruway Authority informing them of a pothole at a specific
location on the Thruway system. In addition to notice, the public entity
must have enough time to repair the pothole.
The plaintiff must prove other elements in addition to notice and an opportunity
to repair. There must be a showing that the pothole was the actual cause
of the plaintiff’s injuries. This means that something else must
not have caused the damage. And of course, the plaintiff must demonstrate
what those injuries are and prove damages incurred in the form of medical
bills, car repair costs, and lost earnings to name a few.
Learn more about injuries caused by winter damage such as potholes and
cracked sidewalks in
our latest article posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.