Can You Collect Damages for a Pothole Injury Accident in Pennsylvania?Pa Accident News
If you live in Pennsylvania and routinely find yourself wondering why the roads have so many potholes, you aren’t alone. In fact, Pennsylvania ranks as one of the very worst states in the nation for the quality of its roadways. Potholes not only look unsightly, but they can be a major danger for drivers, and whether small or large, hitting one is sometimes entirely unavoidable. If you have to drive over potholes, not only can this cause damage to your car, but it can also potentially lead to an injury accident.
Who is to blame for a pothole injury accident, though? Where can a victim of a pothole car accident obtain compensation for their damages? These are great questions, and while it may seem unclear, an experienced Pennsylvania car accident attorney at Edelstein Martin & Nelson, LLP can evaluate such a situation and provide more guidance on what to do.
Pothole Car Accidents in Pennsylvania
Potholes can occur anywhere, but in Pennsylvania, the Department of Transportation indicates that the weather is the culprit behind why the Keystone State has so many holes and cracks in the roadways. Specifically, the state’s fluctuation in weather temperature from freezing cold to moderate weather means that water can easily freeze, and as it does, it expands its size, only to melt away and take up less space. This cycle of freezing and melting liquid affects the ground and the roadways. The asphalt becomes weakened, and when cars and other vehicles then drive over these impaired spots on the road, the surface is unable to take the wear and tear, and it eventually cracks open, causing a pothole.
When it comes to holding an entity liable for pothole accident injuries, there are a couple of things that have to be considered. First, it is important to establish who is responsible for maintaining and managing the road where the accident happened. This may be a private party, a business, or it could be a county, state, or another government entity.
Once the liable party is identified, it is then important to collect as much evidence as possible to show they were negligent in their upkeep of the area. That, essentially, the responsible party knew or should have known that the defect existed but did not fix it in a timely manner.
Next, calculate the losses that were suffered. And finally, where feasible, file a personal injury claim within the statute of limitations for financial compensation.
Speak with an Attorney at Edelstein Martin & Nelson, LLP
Pursuing a civil suit against a government entity can be more complicated than doing so with a private party. There are different rules that the government follows which a private party will not. Whether the liable party is a private property owner or a government entity, victims who were harmed in pothole accidents in Pennsylvania should speak with an attorney to understand their rights and how to secure the most compensation possible for their losses.
If you have questions about a pothole injury accident, please call the Pennsylvania car accident attorneys at Edelstein Martin & Nelson, LLP today to schedule a free consultation at (215) 731-9900.