Our dangerous and defective road lawyers help people who have been injured due to a pothole in a street, road, or highway. Michigan residents and those who travel through the state are familiar with our defective and dangerous roadways. Potholes often cause serious injuries and even death to motorists, bikers, pedestrians and bicyclists.
Michigan Laws For Potholes
Michigan has several statutes that relate to a governmental agency’s duty to properly maintain roadways and includes matters regarding dangerous potholes. The law 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.”
A person is entitled to recover both property damage and damages related to any personal injuries suffered from a road defect or pothole. To qualify for a claim, a person seeking to recover from the governmental agency must be able to establish that the governmental entity was aware of the defect more than thirty days before the damage or injury occurred. Notice may be established by 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. Witnesses and photographs are used to provide this evidence.
Giving Notice to the Government of a Pothole After An Accident
The Michigan statute which allows claims for damages requires that the person provide notice within 120 days from the time the injury occurred. The notice may be served upon any individual personally or by certified mail (return receipt requested), who may lawfully be served with civil process directed against the governmental agency. Different rules apply to providing notice to the State of Michigan. It is important that you contact an experienced attorney as soon as possible to perform an investigation and inspection of the pothole, as well as to give proper notice to the government agency.
Contact Our Michigan Pothole Accident Lawyers
Call our pothole accident lawyers at (800) 606-1717 to discuss your case or submit the Get Help Now form on this page. We will contact you shortly and explain how we can help you with your claim. We charge no legal fees unless you receive a settlement and we pay all cases costs and expenses. If you do not receive a settlement for any reason, you owe us nothing. We put it in writing for you.