March Madness on Downriver Roads: Who Pays When a Pothole Causes Your Crash?

March is officially here. While the rest of the country is looking forward to spring flowers, anyone who drives in the Downriver area knows what this month actually brings: Pothole Season.

Thanks to Michigan’s brutal freeze-and-thaw cycles, roads like Telegraph, Fort Street, and the I-75 corridors through Taylor and Southgate are currently littered with tire-shredding craters.

We all know the frustration of blowing a tire or bending a rim. But what happens when a massive pothole causes a serious accident? What if you hit a crater, lose control, and slam into a guardrail—or worse, another vehicle? Who is responsible for your medical bills and pain and suffering when the "at-fault driver" is the road itself?

As an attorney who has fought for Wayne County residents for decades, I can tell you this: Suing the government is incredibly difficult, but under the right circumstances, it is absolutely possible.

The Shield: Governmental Immunity

Normally, city and state governments are protected by "Governmental Immunity." This means you generally cannot sue them for everyday negligence. If they were treated like a private business, they would be sued into bankruptcy every week.

The Sword: The Highway Defect Exception

However, Michigan law has a specific carve-out called the Highway Defect Exception.

Under MCL 691.1402, government agencies (like MDOT, the Wayne County Road Commission, or a local city) have a legal duty to maintain public highways in "reasonable repair so that they are reasonably safe and convenient for public travel."

If they fail to do this, and that failure causes you to suffer a bodily injury, you can hold them liable. But the law sets up a very strict obstacle course you must navigate to win your case.

The Two Massive Hurdles in a Pothole Injury Case

1. The "30-Day" Rule (Proving They Knew) You cannot sue the city just because a pothole formed yesterday and you hit it today. To win, we must prove that the government agency knew or should have known about the defect, and had at least 30 days to fix it before your crash.

• How do we prove this? We request maintenance logs, 911 call records, and previous citizen complaints to show that they ignored the danger for a month or longer.

2. The 120-Day Notice Deadline If you are injured by a defective road, you cannot wait two years to file a lawsuit like a standard car crash. You must serve a formal, written "Notice of Injury" to the correct government agency within 120 days of the accident.

• If you miss this deadline by even one day, or if you send the notice to the City of Taylor when the road is actually owned by Wayne County, your case will be completely thrown out.

Swerving: A Dangerous Chain Reaction

Often, the worst accidents don't happen from hitting the pothole directly. They happen when a driver instinctively swerves into the next lane to avoid a crater, sideswiping another vehicle or hitting a pedestrian.

In these cases, the insurance companies will try to blame you for failing to maintain your lane. We have to reconstruct the accident to prove the evasive action was a sudden emergency caused by the government's failure to maintain the road.

What to Do If a Defective Road Causes a Crash

If you are severely injured because of a road defect, the evidence will literally be paved over within days. You must act immediately:

1. Call the Police: Get an official crash report documenting the exact location and the role the road condition played.

2. Take Photos (If Safe): Have someone safely take pictures of the pothole, its depth (use a shoe or a water bottle for scale), and the surrounding area.

3. Identify Witnesses: Did someone see the crash? Did a neighbor say, "I've been calling the city about that hole for weeks"? Get their names.

4. Call Us: Do not try to file a claim against the state or county on your own.

We Hold the Government Accountable

At Downriver Injury & Auto Law, we know the difference between a minor inconvenience and a catastrophic highway defect. If a poorly maintained Downriver road put you in the hospital, you deserve answers and compensation.

We know how to beat the clock on the 120-day notice, and we know how to investigate the city’s maintenance records. Call us today for a free consultation.

Downriver Injury & Auto Law Elite legal representation, right here in Downriver.