Hit Another Pothole? The Weather May Be to Blame

Where there are paved roads, there are potholes; it is a fact of life. If you have felt, though, that there have been more potholes this year than in previous years, you’re right; there are. The weather has played a big part in their creation.

Or, as the Baltimore Sun explains it, “in 2018, wide shifts in temperature experienced throughout the region have given birth to a particularly nasty crop of potholes.”

How temperature leads to asphalt erosion

Potholes are the result of asphalt eroding and chipping away, leaving craters of various sizes along the road. There are three ways this happens:

1. Water – a naturally corrosive compound – strips away the gravel and oil that makes up asphalt, wearing it down and allowing it to break away.
2. Water seeps into cracks in the asphalt. As it freezes, it expands – thus making the cracks even bigger.
3. Moisture in the soil beneath the pavement can “liquify” the foundation, causing it to wear away.

In the winter of 2017-2018, we have seen wild temperature changes. Per the Sun, “The first month and a half of 2018 has seen significant temperature swings. Baltimore’s low temperature was 1 degree on Jan. 7, but hit a high of 49 degrees just two days later and 62 degrees two days after that, according to the National Weather Service. Similarly, temperatures swung from 11 degrees to 60 degrees from Jan. 18 to 20, and from 52 degrees to 12 degrees from Feb. 1 to 3.”

These swings are called a freeze-thaw, and potholes are most likely to crop up as a result of these changes.

What happens if a pothole leads to a car crash?

Hitting a pothole can lead to costly damage to your car: new tires, new struts, new hubcaps, and realignment are common types of damage. You may be able to make a claim through your insurance company if you hit a pothole, to have your car fixed. Note, however, that your insurer will likely view this as a single-car accident, and that the regular deductible for a collision will probably apply.

If another driver hits a pothole and loses control of his or her car, and that car hits your vehicle, you can make a claim for your property damage and your injuries the way you would for any other type of car crash.

Can I make a claim against the state if a pothole causes my crash?

The answer to this question is, briefly, Maybe.

In order to make a successful claim against a government entity, you have to be able to prove that the entity has been negligent. If your local town or the state knew there was a pothole and failed to fix it, then you may be entitled to compensation. If no one has reported the pothole, however, you may be out of luck. These cases are very difficult to prove because of the requirement that you must show that the government had knowledge of the dangerous condition and failed to correct it. Even if they had knowledge they will still argue they did not have enough time to go out and fix it. This argument is bolstered by the large number of potholes that are out there.

Filing a claim against the government is difficult, and you are better served working with an attorney, who can advise you as to how to proceed. You only have one year from the incident to file the claim, so come see us as soon as you can, if you wish to pursue damages from the town, county or state.

You can report a pothole anywhere in Maryland by calling 3-1-1. If you wish to contact your county directly, you can find a full list of offices and numbers here.

Plaxen Adler Muncy, P.A. is a premier personal injury firm serving clients throughout Maryland. For more than 35 years, we have fought to uphold the rights of injury victims. To learn more about our services, or to speak with a skilled car crash lawyer, please call 410-730-7737 or fill out our contact form to schedule a consultation.