Navigating New York’s Potholes: A Question of Liability
Navigating New York’s potholes has become more than a daily nuisance—it’s a serious public safety concern. As an attorney serving the Mid-Hudson region, I’ve seen the damage firsthand: vehicles wrecked, cyclists injured, and pedestrians sent to the ER after tripping on crumbling sidewalks. These roadway hazards come with real physical, emotional, and financial costs—and far too often, the legal process makes recovery even harder.
The Real Costs of Road Damage in New York
From deep potholes to cracked pavement, the deteriorating state of our roads causes more than just bumpy rides. Cyclists are thrown off course, drivers lose control, and pedestrians face dangerous walking conditions. The result? Painful injuries, lost work time, and costly vehicle repairs.
A recent TRIP report revealed that New York drivers lose $38 billion each year due to poor road conditions. These aren’t just personal losses—they’re a public issue that demands long-term investment.
Legislative Efforts to Improve New York’s Infrastructure
Efforts are underway to address these issues. Lawmakers and local leaders continue to call for increased funding to repair roads, bridges, and sidewalks throughout the state. In fact, a New York Senate report emphasizes that billions are needed annually to bring our infrastructure up to safe standards.
But while these discussions continue, New Yorkers are still navigating New York’s potholes every day—and often paying the price.
Who’s Liable for Pothole Injuries? Understanding Road Hazard Claims
If a pothole or broken sidewalk causes an injury, can you sue the city or state? The answer isn’t simple. Government agencies in New York are generally protected under sovereign immunity, which means they can’t be sued unless they’ve waived that immunity—and only under specific conditions.
For example, New York Highway Law § 58 limits liability for pothole-related injuries to incidents occurring between May 1 and November 15. Injuries outside this timeframe often don’t qualify for claims against the state.
Filing a Pothole Injury Claim in New York
To succeed in a road hazard injury claim, you must meet several legal requirements:
- Written notice: You must prove that the government received prior written notice of the hazard and failed to repair it in time.
- Notice of Claim: You must file this notice within 90 days of the incident—or lose your right to sue entirely.
This process is complex and time-sensitive. Document the scene, seek medical attention, and consult a qualified personal injury lawyer as soon as possible.
Why Legal Help Matters When Navigating Pothole Injury Claims
Navigating New York’s potholes isn’t just a physical experience—it’s a legal challenge. Without proper guidance, it’s easy to miss key deadlines or fail to meet strict notice requirements. At MidHudson Injury Law, I help clients understand their rights and pursue the compensation they deserve.
Need Help? Contact MidHudson Injury Law Today.
If you’ve been injured due to poor road conditions, don’t try to navigate the legal system alone. Reach out to MidHudson Injury Law for a free consultation. Together, we can hold the right parties accountable—and work toward safer streets for everyone.