Accidents Caused by Pothholes in New York

Potholes are the cause of many accidents. People trip and fall due to potholes, and cars can lose control due to them. There is no doubt that potholes are dangerous to pedestrians and vehicles alike. Most potholes have roots in cracks that allowed water to seep in . When the water turns to ice it expands and causes the surrounding asphalt to crack and break away. Vehicles driving over the compromised pavement cause more deterioration and the size of the hole increases. Some potholes form due to the normal wear and tear of the road surface. Other potholes have their genesis in improper backfilling of construction work, such as trenches. In New York City, the City of New York is responsible for maintaining the roads in a safe condition. If the City of New York fails to keep the roads in a safe condition they can be held liable for damages suffered. However, for the City of New York to be held liable, one must prove they had proper written notice of the specific condition or that they created the condition. If the pothole is on a private road, or private property such as a parking lot, the owner of the property, or people they hire to maintain the property, are responsible for keeping that property in a safe condition. You do not need prior written notice against a pothole or against a private property owner to hold them liable. However, you will have to prove that either: the owner had notice of the pothole, created the pothole, or that the pothole existed for a long enough period of time that the owner should have become aware of it and fixed it. If the pothole was created by a private company then that company can be held responsible for the condition they created. Their are many private companies that create potholes in New York City Streets every day, mostly to gain access to utilities under the street, such as electric, telephone, water, steam, cables, etc. These companies must file permits to perform work so their should be a record of who did what work where. If you have suffered injuries due to a pothole you should contact a NY lawyer experienced in handling accident cases caused by pothole cases. For a free consultation you may call the NYC personal injury law firm of Zalman Schnurman & Miner at 1-800-LAWLINE (1-800-529-5463)

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