Michigan is known for changing seasons that can cause the roads to deteriorate rapidly. Michigan motorists are deeply concerned about potholes. If you are injured because of potholes or roadway defects or other highway defects, you may pursue a liability claim against the governmental entity responsible for maintaining the road. Governmental immunity protects the government entities from being held responsible for failing to repair or maintain the public road unless an exception applies. Your rights can depend on the highway defect lawyer you hire.
Contact The Joseph Dedvukaj Firm, P.C today to speak with a personal injury attorney about your case.
Understanding Michigan Road Conditions
Michigan’s climate and weather patterns significantly impact road conditions. The freeze-thaw cycles in winter can cause severe pothole damage, making the roads hazardous for drivers. Regular maintenance is essential to prevent accidents and injuries caused by these defects in road infrastructure.
Types of Road Defects You Might Encounter
- Potholes: These are the most common and can cause significant vehicle damage.
- Deteriorated Surface: Roads can break down over time, leading to unsafe driving conditions.
- Failure of Edges: This occurs when the sides of the road crumble, posing risks to vehicles.
- Cracked Roadway: Cracks can appear due to wear and tear, leading to potential accidents.
- Drops in Surface Structure: Sudden drops or sinkholes can form, creating dangerous driving environments.
Causes of Road Defects
Road defects can result from various factors, including:
- Weather Conditions: Freeze-thaw cycles, heavy rain, and extreme temperatures can all contribute to road damage.
- Poor Maintenance: Inadequate repair efforts can exacerbate existing issues, leading to more significant problems.
- Traffic Volume: High traffic areas are more prone to wear and tear, increasing the likelihood of defects.
Suing the government for a road defect can be complicated
If you suffered injury or loss due to a roadway defect, you might ask yourself what can I do to hold the government responsible? You have to first identify who is responsible for maintaining the specific road. The State of Michigan, the County or the local government may be responsible to repair or maintain the road. Michigan law protects government entities unless you can prove the poorly maintained road or highway was “open for public travel”. The exception that allows you to hold the government accountable requires you to prove the road or highway was not “in reasonable repair so that it is reasonably safe and convenient for public travel.” If you can prove the government agency responsible for maintaining or repairing the road failed in this responsibility, then the law allows anyone who suffers injury or damage to recover for the government’s neglect. You will have to show the defect was on the roadway itself and the government entity responsible must have had actual or constructive notice of the pothole or other defect and failed to remedy the problem within a reasonable time.
Filing a Pothole Damage Claim
To file a pothole claim, you need to gather substantial evidence to support your case. This includes photographs of the pothole, damage reports, and any relevant repair invoices. Our team can assist in collecting and presenting this evidence effectively.
Frequently Asked Questions
What is a highway or road defect?
The law defines the meaning of roadway or highway. The law only includes the portion of the roadway that a car can actually travel on. This does not include sidewalk or shoulder. The law does not allow a claim for a design defect. You can bring a claim for potholes, deteriorated surface, failure of edges of the road, cracked roadway, drops in surface structure, and sinkholes. Improperly maintained traffic lights, shoulder, curb, or improper design of the highway are not a basis to sue for roadway defects. The potholes must be located on the traveled portion of the roadway to have a claim.
Does Michigan pay for pothole damage?
If your vehicle is damaged by a pothole on a Michigan road, you can file a claim with the Michigan Department of Transportation (MDOT) through its pothole reporting procedure. Note that the pothole being reported must be on a state trunk line or freeway — that is, roads beginning with the letters I, M, or US.
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