I was hit by another driver ramming into my vehicle after hitting a pothole. Who is responsible for an accident like that?
There are two potential parties in this situation. First, if the pothole was big enough to see, then you may have a claim against the other driver for failing to use care to avoid the pothole and failing to keep control of the vehicle.
Additionally, you may have a claim against the party responsible for maintaining the road. In Texas, street maintenance is usually taken care of by the local/municipal government. Therefore, the municipal government is expected to adequately care for and properly inspect city streets. If the pothole caused the other driver to ram into your vehicle, compensation claims are may be made against the city in some circumstances.
In a case like this, it has to be proven that the city knew, or should have known, about the presence of the pothole and had enough time to fix it prior to your accident. If the city is able to prove they did not know about the pothole or did not have a reasonable amount of time to fix it, your claim may fail.
Other Auto Accident FAQs:
- A big rig hit me, and police are citing the trucker and saying it was his fault. What are my rights?
- Am I required to notify my insurance company of the fact that I was involved in an accident?
- Am I supposed to call the police if I have been involved in a car accident?
- Am I supposed to talk to the police when they arrive on the scene of an accident, or do I have to call an attorney first?
- An insurance adjuster for the other driver called me and wants a recorded statement? Should I go ahead and provide them with one?
- An insurance agent for the at-fault driver called me the other day and wanted to ask a bunch of questions. Is it okay to talk to the agent?
- Are there any other distractions while driving that I should be aware of and avoid?
- Do I have to go to court if I choose to file a personal injury lawsuit after my car accident?
- Do I need to call the other driver’s insurance company and inform them of the accident?
- Do I need to hire an attorney right after the accident, or can I wait until later and I have spoken to the insurance company?
- Doctors at the hospital where I was taken after my accident said I needed treatment for my injuries. I not have health insurance or insurance of any kind. What do I do?
- How do I even know if I have a successful accident claim?
- How much money can I expect in a settlement offer?
- I cannot pay the medical bills as a result of the accident I was in. What am I supposed to do?
- I felt fine after my car accident and refused medical treatment. Several days later I began experiencing pain in my neck and back. What do I do now?
- I have been involved in a collision. Is there anything I can do to protect or preserve the evidence?
- I immediately notified my insurance company about an accident that I was involved in. What else am I supposed to do?
- I really need to get on with my life after my accident. How long does it take for accident claim to be settled or go to court?
- I rear-ended another car, but my SUV was pushed into the one in front of me by another vehicle. Am I considered to be the at-fault driver in this case?
- I think I was partly to blame for my car accident. How does that affect my case?
- I was hit by another driver ramming into my vehicle after hitting a pothole. Who is responsible for an accident like that?
- I was in a car accident and got really lucky. There was hardly any damage to the vehicle. However, I did sustain injuries. Does lack of vehicle damage affect any claim I may have?
- I was in an accident that broke my pelvis in several places and need more than one operation to be able to walk again. My husband was the driver and he was at fault for the accident. Can I sue him?
- I was injured in a car accident about a week ago. The other driver’s insurance adjuster called me and asked for my medical records. Should I provide them?
- I was involved in a bad accident that sent several people to the hospital. The crash was my fault. Am I entitled to any compensation?
- I was involved in a car accident and broke my leg and several ribs and need surgery. Do I need an attorney to help me get compensation for my medical bills?
- I was involved in a fairly serious car accident. What compensation may I receive from the at-fault driver?
- I was rear-ended and the other driver said it was my fault. How is that possible since he ran into me?
- I was recently involved in a car accident. How long do I have before I can pursue my legal options?
- I was recently involved in a collision with another car. I was not wearing a seat belt. Am I still able to recover damages?
- I was the victim of a driver who fled the scene of the accident. The police have no idea who the individual was. May I claim compensation?
- It looks like the damages from my car accident are greater than the insurance coverage of the at-fault driver. What do I do in a situation like that? Can I still collect damages?
- My daughter was in a car accident and the police told her she was responsible for the accident. The insurance company said she was not. What factors deem someone responsible for a car accident?
- My insurance company is offering me a settlement as the result of an accident I was involved in. Should I take it?
- Our family was in a bad accident with a tractor-trailer unit. The cause of the accident is not clear. What do we do?
- The offer the insurance company is presenting to me seems reasonable. Do I need to speak to an attorney?
- The other driver involved in my accident said his insurance company would probably call me. Am I supposed to talk to them?
- What is the seat belt law in Texas for adults and children?