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If a Pothole Causes A Car Accident in Las Vegas, Who Is Liable?

Traffic defects are a common cause of car accidents. Poorly maintained roads, heavy traffic, and heavy wear and tear can lead to hazards such as cracks and potholes. These hazards can endanger the driver, who may suffer property damage, a car accident, or an injury from riding in or around them. If you or your loved one is involved in a pothole car accident in Las Vegas, contact an experienced lawyer as soon as possible, as you may be eligible for financial compensation from one party.

According to TRIP, out of the approximately 33,000 people who die in road accidents each year, one-third of such accidents are caused by poor road conditions. ​27% of major urban highways (interstate, highways, and other arterial routes) are considered poor and create unacceptably bumpy roads for motorists. Only 31% of the roads are considered to be in good condition.

How Can a Pothole Cause a Car Accident in Las Vegas?

Poor road conditions put drivers at hazard. The only thing that prevents serious accidents is the integrity of the road. Potholed roads cannot guarantee the safety of drivers and collisions with potholes can result in tire bursts, loss of vehicle control, and serious accidents. Drivers dodging potholes can be thrown onto the curb or into the oncoming lane and may sustain a head-on collision.

The people who are more at risk of pothole accidents are vulnerable road users such as motorcyclists and cyclists. Pits or holes, loose gravel or rocks, erosion, missing fences, and road debris can all lead to serious or fatal bike crashes. Motorcycles and bicycles cannot roll. Injuries that can occur to those affected by potholed road traffic accidents include bone fractures, road cracks, head and brain injuries, and spinal cord injuries.

Liability for a Pothole in Las Vegas:

Maintaining public roads is a legal responsibility of the government. Depending on the property, a city, county, or state may be responsible for maintaining the Las Vegas highway. Several government departments may share road maintenance responsibilities. For example, the state of Nevada may be responsible for filling potholes and leveling roads, while the city of Las Vegas is responsible for sweeping roads and collecting trash. The government has many responsibilities for road maintenance which include:

  • Examine the streets of Las Vegas regularly for defects or hazards
  • Routine road maintenance, including road cleaning and repair orders
  • Timely repair of faulty road sections, such as potholes
  • Road rebuilding if the repair is scarce to restore the carriageway to a safe condition
  • Stopping or dangerous detour during repairs
  • Place signs to alert drivers of known or existing hazards

The state has special funds for road repairs which should be utilized to complete road repairs within a reasonable time frame. The government agency in charge of road maintenance (or the property owner if it is on a private road) does not have to wait longer than a pothole that needs to be repaired. You should act in the same way as a reasonable and prudent party in such a situation to correct the error promptly.

How to File a Claim?

You may have reason to file a lawsuit against a government agency if a pothole on a public road caused you a car accident lately, in Nevada. First, determine who has control over the road on which you are involved in the accident. This can be a state, city, or county government. At that point, keep the following instructions in mind:

Know Your Deadlines:

Lawsuits against the government can be shorter than regular lawsuits. The statute of limitations is two years from the date of the accident.

Submit Your Application:

Name the respondent appropriately and file a written complaint well in advance with all required information to the Nevada State Examination Board. The board will have a specified period of time to accept or reject your request.

Be Responsible:

Typically, you or your lawyer must prove that the traffic accident and injury were due to the pothole. You can take pictures of road faults, replay accidents, police reports, and witness statements.

Contact a Car Accident Lawyer:

Our lawyers can help you deal with all aspects of your pothole car accident in Las Vegas. Contact an attorney to help you name the correct defendant, file a claim, and prove liability.

For complete instructions on how to deal with a car accident, contact us now and we will consult you free of charge.

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