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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:

Holding Wrongdoers Accountable

Learn more about car insurance in Texas and what you can do to avoid common accident claim mistakes with these free resources.


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