If you can demonstrate that the city knew or should have known about the danger presented by a pothole but took no reasonable action to protect citizens, then yes, you can sue the city for potholes in Georgia.
An Atlanta car accident lawyer can assess your situation and let you know if you can sue the city for your accident. If you cannot, there may be other at-fault parties that you may seek compensation from instead.
Georgia Cities Are Responsible for Fixing Potholes
It generally falls to local governments to keep public streets in good repair. This includes:
- Replacing fallen street signs
- Fixing broken traffic lights
- Filling in potholes
- Trimming foliage that overhangs or obscures the road or power lines
- Responding to reports from citizens about hazards in the street
Failure to perform such acts in a timely manner could leave the government open to lawsuits from people who were injured because of their negligence.
When You Cannot Sue the City for Potholes
To have a case, you must establish that the city was negligent. The mere presence of a pothole is not enough.
For example, consider the following hypothetical scenario:
- The city received a report of a pothole at ten o’clock in the morning.
- The city makes plans to send someone to inspect the pothole and determine a course of action that same afternoon.
- A driver hits the pothole and gets into an accident before the city official can get there.
- This driver probably does not have a case against the city because the city was not negligent: they received and responded to the report in a timely fashion.
- This driver can, however, consider filing a case against any other parties who may have contributed to the crash (e.g., if they hit the pothole while swerving to avoid a drunk driver, then they can sue the drunk driver).
Potholes on Private Property
Another scenario where the city may not be responsible for a pothole is if your accident occurs on private property. For example, if the pothole is located in a parking lot leased or owned by a business, then you could consider suing the business and/or the private property owner instead.
For a free legal consultation, call 404-214-2001
How Can You Sue the City for Potholes in Georgia?
While the process for suing a negligent government agency is broadly the same as the process for suing anyone else, there are some key differences. The most important of these differences is the statute of limitations.
You only have six months to begin a case against a Georgia city, per O.C.G.A. § 36-33-5. This is much shorter than the deadline in other types of personal injury cases, so it is more important than ever that you act fast to take advantage of your rights.
Hiring a Georgia Car Accident Attorney to Sue the City
You are not legally required to hire a law firm before taking legal action. However, the city will certainly have experienced lawyers on their side, and trying to take them on alone can only add more stress to an already stressful situation.
By hiring a car accident lawyer, you indicate to the city that you are serious about your case and that you will not accept anything less than you deserve.
Your Personal Injury Attorney Can Manage Your Case Against the City
The law firm you choose should have experience with cases similar to yours. This means that they are equipped to handle all legal tasks that arise throughout the course of your lawsuit, including:
- Filing paperwork within the statute of limitations
- Finding evidence to prove the city’s liability
- Negotiating with the city’s lawyers for a fair settlement
- Representing you in the courtroom if necessary
How Your Lawsuit Against the City May Go
There is no way to predict ahead of time what course your lawsuit may take or how long you will have to keep fighting for the money you deserve. If the city cooperates, you could receive a settlement within a few months. Otherwise, you might have to go through the courts to get a jury award.
Your legal representative can review all of the most likely scenarios before you file your case. This way, you know what to expect and are not caught unawares.
Are Potholes in Georgia Cities Really That Dangerous?
Depending on the size and location of the pothole, they can do significant damage to both people and property. Most vehicles are not designed to handle the severe jolts or jostling that a pothole can cause. As a result, you could lose control of the vehicle and hit someone else, or you could suffer devastating injuries in a single-vehicle crash.
A personal injury attorney can help prove that the pothole caused your accident and that, as a result, you suffered:
- Diminished value to your car
- Loss of income, employment, or job benefits
- Loss of money that you had to spend on medical or repair bills
- Physical and emotional pain due to bodily injuries
- Injuries that resulted in temporary or permanent disabilities
- Reduced quality of life, as exemplified by loss of independence or an inability to engage in favorite hobbies
Reporting Potholes in Georgia Cities
If you notice a pothole anywhere in Georgia, there are several ways you can report it:
- Contact the Georgia Department of Transportation (GDOT)
- Go to your city’s official website and file a report there
- Dial 311, which is a non-emergency helpline, and tell the operator where the pothole is
Once you report a pothole on a city street, it is up to the government to take care of the matter quickly in order to protect roadway users. If they do not fulfill this duty, you can file a lawsuit against the city.
Click to contact our personal injury lawyers today
Ready to Sue a Georgia City for Potholes?
If you are ready to take the first step towards seeking damages for your motor vehicle accident, call Kaine Law today. We have decades of experience when it comes to taking on all kinds of liable parties, even local governments. You can sue the city for potholes in Georgia, and we want to help you do so.
Call or text 404-214-2001 or complete a Free Case Evaluation form
