Our Michigan pothole accident lawyers handle cases against the governmental agency responsible for failing to repair a pothole or road defect in a civil lawsuit. The number of potholes on our roads and highways is staggering and serious accidents and injuries occur due to these conditions. Tire blowouts from a pothole can cause serious injury and harm to a driver or passenger of a car, motorcycle, or bicycle.
Michigan has several laws relating to the government’s duty to properly maintain roadways. MCL 691.1401 defines a “highway” was “highway means a public highway, road, or street that is open for public travel and includes bridges, sidewalks, trail ways, crosswalks, and culverts on the highway. The term highway does not include alleys, trees, and utility poles.”
MCL 691.1402 says in pertinent part “. . . each Governmental agency having jurisdiction over highways, shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. A person who sustains bodily injury or damage to his or her property by reason of failure of a Governmental agency to keep a highway under its jurisdiction and reasonable repair and in condition reasonably safe and fit for travel, must recover the damages suffered by him or her from the Governmental agency.”
To win a pothole lawsuit claim, the person seeking to recover from the Governmental agency must be able to establish that the governmental unit was aware of the defect more than thirty days before the damage or injury occurred. Notice can be proven from other complaints about the defect made to the municipality or Governmental agency. An injured party is entitled to a presumption that the Governmental agency had knowledge of the defect and time to repair the defect so long as the “defect” existed so as to be readily apparent to an ordinary observant person for a period of thirty days or longer before the injury took place.
Any person making a claim for property damage or personal injury as a result of a defect must provide the proper written notice to the Governmental agency. Otherwise, their claim will be barred completely. The statute requires that the person provide notice within 120 days from the time the injury occurred. You should contact an attorney immediately to discuss whether or not proper notice has been provided.
Do not delay in contacting our Michigan pothole accident attorneys to discuss your potential highway defect claim. Time is of the essence for preserving these claims. If you miss a deadline, your case will be barred forever. Call us today!
DO I HAVE A MICHIGAN POTHOLE ACCIDENT CASE?