Detroit Pothole Accident Lawyers

Pothole Accident Injury Claims In Michigan

Detroit’s streets are no stranger to potholes, and these roadway hazards create significant risks for drivers, cyclists, and pedestrians alike. Pothole-related accidents can lead to severe injuries, costly property damage, and lengthy battles with insurance companies over who should pay for your losses. As Michigan car accident injury attorneys with decades of combined experience, we understand how these cases unfold under Michigan law and how to fight for the compensation our clients deserve.

Michigan’s no-fault insurance system complicates these claims, making it very important to have our legal team by your side. Our goal is simple – to ensure you recover more than any other lawyer could get you. When insurance companies see our name, they know we fight tirelessly for our clients. With over 180 years of combined experience and a commitment to personal injury law, we have helped more than 25,000 Michigan families move forward after an accident.

Potholes are not just an annoyance—they are a public safety hazard. These defects in Detroit’s aging infrastructure can cause drivers to lose control of their vehicles, leading to accidents that could have been prevented. Victims often face severe physical, emotional, and financial consequences. When pothole accidents happen, the question of liability can become complicated, especially when it involves city property or poorly maintained private lots. We take pride in helping our clients understand their legal rights under Michigan law. You won’t owe us anything unless we win their case.

Common Causes Of Pothole Accidents

Potholes form when water seeps into cracks in the road and freezes, expanding and causing the pavement to break apart. Over time, this damage worsens with traffic wear and fluctuating temperatures, creating dangerous holes in the road. In Detroit, heavy traffic and severe winters accelerate this process, leaving many roads riddled with hazards.

Drivers may encounter pothole-related accidents in various scenarios, such as:

Blown Tires And Rim Damage – Sudden impact with a deep pothole can cause tire blowouts, bent rims, or wheel misalignment, often leading to loss of control.
Loss Of Control – Swerving to avoid a pothole can result in collisions with other vehicles, pedestrians, or stationary objects.
Motorcycle And Bicycle Crashes – Potholes pose an even greater risk to motorcyclists and bicyclists, who may be thrown from their vehicles upon impact.
Pedestrian Injuries – Uneven sidewalks or pothole-covered streets can lead to trips, falls, and serious injuries for pedestrians.

Who Could Be Held Liable For Pothole Accidents In Detroit?

Determining liability for a pothole accident in Michigan requires examining the facts of the case and applicable laws. Michigan operates under a no-fault insurance system, which means your insurance policy is often the first to cover medical bills and lost wages, regardless of fault. However, pursuing compensation for vehicle damage or serious injuries may involve additional claims against the at-fault party.

Claims Against Government Entities

If the accident occurred on a public road, the responsible government entity (e.g., the City of Detroit or Michigan Department of Transportation) may be held accountable. Under Michigan Compiled Laws Section 691.1402, government agencies are required to maintain public roadways in reasonably safe conditions. To pursue a claim against the city, you must provide written notice of the defect within 120 days of the accident, detailing the location and nature of the hazard. Failure to meet these requirements can result in a denied claim.

Private Property Liability

If the accident occurred on private property, such as a parking lot or privately maintained road, the property owner may be held liable. Michigan’s premises liability laws require property owners to maintain reasonably safe conditions for visitors. Proving negligence in these cases often requires evidence that the owner knew or should have known about the hazardous condition and failed to take appropriate action.

What Michigan Laws Apply To Pothole Accident Claims?

Several Michigan laws govern claims involving pothole accidents. Key statutes include:

MCL 691.1402 – This law outlines government liability for public road maintenance. It requires the injured party to prove that the government knew or should have known about the defect and failed to fix it within a reasonable timeframe.
Michigan No-Fault Insurance Act – This law requires drivers to carry personal injury protection (PIP) insurance. PIP covers medical expenses and lost wages after an accident, regardless of fault.
Comparative Negligence – Michigan follows a modified comparative negligence rule. If you are found partially at fault for the accident, your compensation may be reduced by your percentage of fault.

How Do We Help You Build A Strong Case?

Pothole accident claims require thorough investigation and strategic legal action. We work closely with clients to gather evidence, identify liable parties, and negotiate with insurance companies or pursue litigation when necessary. Some steps we take include:

Investigating The Scene – We photograph the pothole, measure its size and depth, and gather witness statements to prove the defect caused your accident.
Securing Maintenance Records – In cases against government entities, our legal team will review maintenance records to establish negligence or failure to repair known hazards.
Calculating Damages – We assess all damages, including medical bills, lost wages, pain and suffering, and property damage, to ensure you seek full compensation.

Pothole-Related Accident Frequently Asked Questions

Who Pays For My Medical Bills After A Pothole Accident In Detroit?

Under Michigan’s no-fault insurance system, your own insurance company typically covers your medical bills through personal injury protection (PIP) benefits. This applies regardless of who caused the accident. However, if your injuries meet the threshold for filing a third-party claim (e.g., death, permanent disfigurement, or serious impairment of a bodily function), you may pursue additional compensation from the at-fault party.

Can I Sue The City Of Detroit For A Pothole Accident?

Yes, but you must follow strict procedural rules. To file a claim against the City of Detroit, you must provide written notice of the pothole within 120 days of the accident. This notice must include the defect’s location, the nature of the hazard, and details of your injuries or damages. Keep in mind that the city may only be liable if it had prior knowledge of the defect and failed to repair it in a reasonable timeframe.

What If I Was Partially At Fault For The Accident?

Michigan’s comparative negligence rule allows you to recover monetary damages even if you were partially at fault for the accident. However, your economic compensation will be reduced by the percentage of your fault. If you are more than 50% at fault, you cannot recover non-economic damages such as pain and suffering.

How Long Do I Have To File A Claim After A Pothole Accident?

The statute of limitations for most personal injury claims in Michigan is three years from the date of the accident. However, claims against government entities have a much shorter timeline—typically requiring notice within 120 days. Missing these deadlines can result in losing your right to compensation.

What Should I Do Immediately After A Pothole Accident?

First, seek medical attention for any injuries. Next, document the scene by taking photographs of the pothole, your vehicle, and your injuries. Gather contact information for witnesses and report the incident to the appropriate authorities. Finally, contact an experienced personal injury lawyer to review your case and guide you through the legal process.

Contact Our Detroit Pothole Accident Lawyers For Your Free Consultation

If you’ve been injured in a Detroit pothole accident, you don’t have to face this alone. At Ravid & Associates, P.C., we fight to hold negligent parties accountable and secure the compensation you deserve. With over 180 years of combined experience and a track record of helping more than 25,000 Michigan families, we know how to take on insurance companies and win.

We offer free, confidential consultations to help you understand your legal options and assess the strength of your claim. Remember, you owe us nothing unless we win your case. Contact our Detroit pothole accident lawyer at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout. Let us help you take the first step toward recovery and justice.