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Pothole Accidents

In just about any metropolitan area, potholes are a fact of life. New York is no different. Potholes are areas in the road that have cracked and worn away. They are caused by friction of tires on the road, coupled with water from rain and freezing temperatures. Potholes begin as tiny cracks. If they are not repaired they can grow to be quite wide and deep. Potholes are hazardous to cars, trucks, motorcycles, and bicyclists. When, for example, a car runs over a pothole the result may not only be damage to the vehicle, but the pothole may also cause the car to be involved in a car accident (link to: https://bronxinjury.1800nynylaw.com/auto-accident.html). If you were injured in a pothole accident, contact an experienced Bronx pothole accidents lawyer at Stephen Bilkis & Associates who has the knowledge and resources to help ensure that your legal rights are protected.

Pothole Car Accidents

Potholes are dangerous. They are often difficult to see in advance. The sudden impact of driving over a big pothole can cause the driver to lose control of the vehicle and collide with other vehicles, pedestrians, or objects. Swerving to avoid a pothole is also dangerous as doing so may cause the car to veer into oncoming traffic, resulting in a head-on collision.

Liability for Pothole Accidents

Under the Administrative Code of New York City, the City would be liable for damages that result from pothole accidents, as long as certain criteria are met. The biggest factor in determining whether the City would be liable is whether the City had notice of the defect in the road. Because of the special rules that apply when suing the City, contact an experienced pothole accidents attorney in the Bronx to get the process started for you.

Under section 7-201(c)(2) of the Administrative Code of New York City, the City may be held legally liable for a pothole accident if the following three conditions are met:

  • Notice. The City received written notice of the pothole
  • Injury and causation. The pothole was the cause of an injury
  • Failure to remedy. After acknowledging the dangerous condition (pothole) in writing, the City failed to fix the pothole within 15 days

Note that others may also be liable for injuries your suffered in a pothole-related accident. For example, if you were hit by another car swerving to avoid the pothole, the driver of the swerving car may be liable.

Consequences of Pothole Accidents

If you sustain serious injuries as a result of a pothole accident, contact an experienced Bronx pothole accidents lawyer. Victims injured in accidents caused by potholes sometimes suffer a variety of serious injuries. Common injuries include back injuries, head trauma, broken bones, and neck injuries. Such injuries typically require expensive treatment and extended recovery time. As a result of serious injuries, victims miss work, losing a significant amount of income. In other cases victims suffer permanent injuries so that they are not able to return to work at all. In the most serious cases victims do not survive.

Through a personal injury lawsuit or wrongful death lawsuit victims or their family members may be able to recover damages for medical expenses, lost wages, loss of future earning capacity, as well as pain and suffering.

Contact Stephen Bilkis & Associates

If you or a loved one was injured in a pothole accident, New York law allows you to seek compensation from the person or entity whose negligence caused the injuries. There are special rules that must be followed when bringing a claim against New York City, New York state, or any government entity. In order to ensure that your rights are protected and proper procedures are followed, it is important that you contact an experienced pothole accidents attorney serving the Bronx. We have extensive experience representing clients injured in vehicle accidents and understand the process of filing claims against municipalities. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident. We serve clients in the following locations: Bronx, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.

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