Tucson Pothole Injury Claims

Can I Sue The City For Injuries Caused By Poor Road Maintenance?

Being in an accident that damages your vehicle is never a fun experience, but it can be particularly frustrating when these issues are caused by poor road conditions. In some instances, the accident could be serious enough to lead to physical injury in addition to property damage. Medical care, lost wages, and other damages are costly in many ways to an accident victim. But there are extra intricacies involved in a personal injury claim in which the city is the named defendant. If you want to avoid them becoming fatal to your claim and get the highest award possible, you should retain a skilled Arizona personal injury lawyer. Our firm offers competitive rates and free consultations by phone to get the process started. Call to schedule today at 520-441-1450 for more information. 

Pothole Claims

Tucson’s roads are susceptible to potholes due to our unique weather conditions. Extreme heat followed by heavy rain during the monsoon season can be highly damaging to asphalt. Temperature changes can cause concrete to crack, and rain seeping into those cracks contributes to pothole creation. This can be aggravated by material fatigue and poor maintenance. All of these factors combine to cause Tucson’s roads to be known for a high number of potholes. 

It would be impossible for the city of Tucson to fix every pothole as soon as they appeared on the road. A plaintiff must be able to prove negligence to hold a city responsible for damages stemming from a pothole-related accident. A city is negligent if it has actual or constructive notice of a pothole and the accident risk it presents. Actual notice is just what it sounds like- when a city is literally notified of the existence of a pothole. Any concerned citizen may take it upon themselves to report a local pothole to the city. Constructive notice is when a pothole existed for so long that it would be unreasonable for the city not to know about it. However, proving constructive notice of a pothole can be difficult, as it can be hard for a plaintiff to prove when a pothole was created without the city being provided with actual notice. 

Notice of Claim

In Arizona, a plaintiff must file a Notice of Claim if they wish to sue a government entity in a personal injury claim. This requirement is set forth by A.R.S. § 12-821.01. In a standard Tucson accident claim, the plaintiff would be bound by a 2-year statute of limitations. The statute of limitations is the time limit in which a claim must be filed in court before it is considered void. But that statute of limitations becomes much smaller when the defendant is a city, municipality, etc. Here, the plaintiff only has 180 days, or 6 months, to file their injury claim. The clock doesn’t start ticking until the plaintiff learns who is responsible, becomes aware of their injuries, etc. But failure to file within the 180-day rule means a plaintiff permanently loses the right to do so. This is highly relevant in pothole claims, as the city is likely to be the defendant in such cases. 

There is specific information that must be included in a Notice of Claim as per Arizona law. The plaintiff should plainly lay out the facts surrounding their claim, as well as the basis for the defendant’s liability. They should list all of their damages with an explanation for each. Additionally, the plaintiff should list a specific dollar amount for which they’d be willing to settle their case. This helps keep the case as efficient as possible, which is important when the defendant is a government entity. 

Common Pothole Injuries

Potholes can be extremely damaging to a car’s suspension, but don’t often cause serious injuries to passengers in cars that drive over them. They more often present serious injuries to other types of travelers: pedestrians, bicyclists, and motorcyclists. 

Slip-and-falls are a well-known type of personal injury claim. A pedestrian tripping in a pothole on a sidewalk is just another type of slip-and-fall case. Here, it wouldn’t be uncommon to see the pedestrian suffer broken bones or torn ligaments. This could require surgery, significant time away from a physical job, and several months of physical therapy. The plaintiff might also need to defend against comparative negligence defenses that they should have paid more attention while walking and avoided the pothole. 

A pothole can occur in the bike lane just like it can occur in a vehicle meant for cars. When a bicycle rides into a pothole, it can cause the cyclist to fly over their handlebars. Not only can this cause serious injury to the head, neck, and spine, but creates the risk of abdominal puncture via the handlebars. 

A deep pothole can be particularly dangerous for a person riding a motorcycle. Motorcycle accident attorney cases often involve road rash, fractures and broken bones, head injuries, and TBI as common motorcycle accident injuries. The rider can protect themselves by wearing a helmet and proper gear that covers their skin.

Evidence for Pothole Claims

A plaintiff injured due to a pothole in Tucson should begin collecting evidence for their claim as soon as possible- including at the scene of the accident. Some evidence that could be relevant in a pothole injury claim includes:

• Photographs from the scene of the accident: If possible, use a recognizable item for scale to show the size of the pothole. Take pictures of any other factors that could be relevant to your accident, and use video if it more accurately conveys the message you want to send. 
• Exact location: Take down the crossroads where the accident occurred, and note the lane in which the pothole is located. 
• Public Records Request: The plaintiff should review the construction and maintenance that has occurred on the stretch of road where the pothole is located. 
• Witness statements: If there were any witnesses to the accident, ask for their contact information so they can provide a witness statement. 
• Security camera footage: You can check with nearby establishments if their security cameras captured your accident on film. 

Hire an Experienced Attorney if You’ve Been Injured by a Pothole in Tucson

There are unique challenges a plaintiff who has been injured in a pothole accident will face. There is a tighter statute of limitations and other requirements for someone looking to sue a government entity. There could be questions of whether the plaintiff was at fault for failing to avoid the pothole, or if the government had enough notice of the pothole to have liability for damages. Then the plaintiff must show the severity of their injuries and the extent of their medical treatments. Do you think you can handle all of this, along with dealing with your vehicle, going to appointments, missing work, etc., within 6 months? If not, you should start consulting with personal injury attorneys about your case now. An injury attorney can help you garner a larger award with less effort on your part. An attorney can help negotiate a settlement, but more importantly, take your case to trial if the other party won’t make a reasonable offer. Want to discuss your case with a professional? Contact our Tucson personal injury firm today by calling 520-441-1450.