Car Damaged by Pothole: Who is Liable?

cartwrightlaw - October 11, 2024 -

Experiencing damage to your vehicle from a pothole can be incredibly frustrating, especially when determining who is responsible for covering the costs. If you have been in this situation in San Francisco, you might wonder, if a car is damaged by a pothole, who is liable? Understanding whether the state or local government could be held accountable is crucial. The Cartwright Law Firm, Inc., located at 227 Front Street, San Francisco, is here to assist you in navigating liability issues and filing claims.

Is the State of California Responsible for Pothole Damage?

California or its municipalities may be liable in certain circumstances. Under state law, public entities are responsible for road maintenance, which includes addressing issues. If they fail to repair a known hazard, they may be considered negligent and thus accountable for any defects resulting from that oversight. The state or city needs to be aware of the surface irregularity and have a reasonable time to address the issue before any incident occurs.

Points to Consider:

Awareness: The government agency must have known about the circumstances.
Time to Repair: They must have been given a reasonable amount of time to fix it.
Negligence: Failure to repair can lead to liability if the event was preventable.

California Responsibilities to Drivers

The state government entities are tasked with ensuring safe road conditions. They must inspect and maintain roads to prevent danger from endangering drivers. Their specific responsibilities include:

Inspecting roads regularly for any visible damage or potential risks.
Responding promptly to public complaints or reports about road conditions.
Repairing bumps and other issues that could endanger drivers.

If a pothole caused any signs of destruction to your vehicle, you may be entitled to compensation if it’s proven that the state or city failed in these duties. For more on how these circumstances impact cars, see this guide.

Filing a Claim Against the Government in California

You may file a claim against the responsible government agency for the damages to your vehicle. However, there are specific rules you need to follow, such as filing within six months under the California Tort Claims Act. Missing this deadline can forfeit your rights to compensation.

To file a request, you will need the following:

Submit a written notice that includes the issue’s location, the incident’s date, and a description of your damages.
Provide evidence, such as photos, repair estimates, and records of complaints submitted to the city or state.

Proving Liability for Pothole Damages in CA

You must demonstrate their negligence to hold the government accountable. Proving the responsibility in these situations usually depends on the following:

Duty of Care: The government entity is responsible for maintaining safe roads.
Breach of Duty: You must prove they failed to uphold this duty by not repairing the cavity in time.
Causation: You need to show that the breach of duty directly led to your car’s deterioration.

You will also need to provide proof of insurance, as state law requires.

Need Help with Pothole Damage? Contact Our San Francisco Attorneys Today!

If your car has been damaged by a pothole in San Francisco, you don’t need to navigate the legal system on your own. Contact our San Fransisco injury lawyers for assistance with filing your claim and proving liability so you can seek the compensation you deserve.