Who Is Liable for Pothole Damage in California After Rain?
"Who is responsible for pothole damage in California"?
As the rainy season arrives, California drivers face a familiar set of challenges, including roof leaks, slippery roads and potholes. Potholes are formed when water seeps into small cracks in the pavement and, in colder areas, may freeze, expand and then thaw. Over time, these cycles create voids beneath the surface. As vehicles pass over these weakened areas, the pavement breaks apart, leaving a hole that can cause significant damage, including tire damage, wheel damage, suspension damage and vehicle alignment issues.
Striking a pothole can be jarring and expensive. According to a 2023 AAA survey, the number of drivers reporting pothole related damage requiring repair surged 57% from the previous year. Roughly 44 million U.S. drivers faced repair bills averaging $406 in 2022, up from 28 million in 2021. This has led many to ask: who is responsible for pothole damage in California?
Determining Liability in California
Under California law, the public entity responsible for maintaining the roadway, whether a city, county, or state agency, may be held liable for pothole damage. However, financial responsibility is not automatic. To recover damages from a government entity, a driver must prove negligence. This typically means showing that the entity knew or should have known of the pothole and failed to repair it within a reasonable time before the incident occurred.
In practice, pothole claims often involve the “dangerous condition of public property” framework under California Government Code section 835, including the requirement of actual or constructive notice in many cases.
While drivers may pursue a government pothole claim, filing a claim with their own insurance company is often faster and less complex.
Steps to Take After Pothole Damage
- Identify the responsible agency.
Cities are responsible for city streets, counties for county roads, and the California Department of Transportation (Caltrans) for state highways. (This step is key for a California pothole damage claim.) - Document the incident.
Photograph the pothole, the damage to your vehicle and the surrounding area. Record details including the exact location, time and circumstances of the incident. - File a claim.
Contact the claims department of the responsible agency to begin the process. Many agencies provide claim forms online. - Prove negligence.
To succeed, you must demonstrate that the government entity either created the hazard or had actual or constructive notice of it and failed to act promptly to repair.
Preventing Damage: Proactive Tire Maintenance
Beyond vigilance behind the wheel, taking proactive steps can reduce the risk of pothole related damage. Ensuring proper tire inflation is critical, yet the National Highway Traffic Safety Administration reports that only 19% of consumers properly check and inflate their tires.
Check that your tires are inflated to the manufacturer’s recommended levels, typically found on a sticker inside the driver-side door or in your owner’s manual.
You should also routinely inspect your tires for uneven or excessive wear. A quick way to test tread depth is by inserting a quarter into the tread groove with Washington’s head facing down; if you can see the top of his head, your tires may need replacing.
While pothole damage may seem like an inevitable consequence of the rainy season, drivers have legal options when negligent maintenance is to blame. Understanding which agency is responsible, documenting the incident thoroughly, and following the proper claims process can make the difference between paying out of pocket and being reimbursed for damages. As always, preventative care, such as maintaining proper tire inflation and staying alert on the road, remains the best defense against unexpected hazards.
If you were injured or your vehicle was damaged after hitting a pothole, you may have options depending on who maintained the roadway and whether the hazard was addressed in a reasonable time. For help reviewing your situation, submit our contact form:
https://www.dolanlawfirm.com/contact/ and visit our Premises Liability Lawyers page:
https://www.dolanlawfirm.com/services/premises-liability-lawyer/