Whether you drive a car or a motorcycle, potholes can be a serious hazard to you and your vehicle. Not only are you at risk of injuring yourself, but the force from a pothole accident can damage your vehicle’s wheels and suspension system.
Navigating the aftermath of a pothole accident can be incredibly frustrating, especially because road conditions are beyond your control. Under Kentucky law, incidents like this may be grounds for a lawsuit against the entity in charge of maintaining the road.
What proof do you need?
Determining fault and recovery in a Kentucky pothole accident depends on two factors: driver error and negligent maintenance. The strongest cases are built on clear evidence that ties the hazard to the crash. This evidence must show that the entity responsible knew about the pothole and had enough time to repair it. Proof that can help courts determine who is at fault includes:
- Pothole history: Complaints and dated repair requests can help prove a road owner’s negligence in maintaining the road.
- Photographs: These can establish the extent of the damage and the size of the pothole.
- Dashcam footage: This can disprove claims that you were speeding, using your phone or practicing other unsafe driving habits.
- Police reports and witness statements: These can confirm how the accident actually happened.
- Medical records: These can link the collision to your injuries.
- Proof of damage: Documents like towing and repair bills can help with financial reimbursement.
- GPS data: This can show the pothole’s location, revealing which entity is responsible for maintaining it.
To determine how much you can recover in an injury case, Kentucky uses a pure comparative fault system. In other words, a court reduces your compensation by your percentage of fault. For example, if the court finds you to be 30% at fault for an injury, then you would recover 70% of the total damages in the lawsuit. Under this system, you can be up to 99% responsible and still receive damages.
Keep in mind that the amount you can recover varies depending on the entity you sue. In some cases, the state is responsible for managing the roads. If you file a claim against the Kentucky state government through the Office of Claims and Appeals, then the amount you can recover is strictly capped at $250,000 per claimant.
How your decisions today can affect your future
As unfair as it might be to suffer an accident due to the carelessness of other people, it is important to remember that you have options. Acting quickly by gathering evidence and filing a lawsuit can help you receive the compensation you deserve.
Taking action also means potentially protecting other people from the same hazard. Road owners will be less likely to leave their roads in poor condition if it means facing more cases in the future. With a successful lawsuit, you can focus on recovering from your injuries, as your damages can make up for lost wages and costly medical bills.