Rochester, New York, Car Accidents Caused By Potholes

Jed Dietrich, Esq., is Recognized as a New York Super Lawyer. If You Have Been Injured in a Pothole Accident in or Around Rochester, You Deserve the Best Representation.

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While local political leaders have recently declared a “war on potholes,” New York drivers must still contend with the risks of aging roads and untended thoroughfares. In one recent year, the American Society of Civil Engineers found that half of the state’s roadways are in “fair” or “poor” condition, posing not only an inconvenience to New York motorists but an actual and appreciable danger. Potholes, in particular, are more than a common nuisance: the American Automobile Association estimates that 1 out of every 10 motorists sustains pothole-related vehicle damage annually, causing billions of dollars in damage each year. Under the right circumstances, pothole accidents can cause serious physical injuries, forcing victims to pay for car repairs alongside medical treatment.

While New York law affords accident victims the right to file personal injury claims against wrongdoers, taking a claim to court could seem intimidating. After all: the Empire State’s infrastructure is supported and maintained by the government, which has near-limitless legal resources at its disposal. If you are planning to challenge the State of New York, Monroe County, or the City of Rochester, you need a competent, experienced attorney by your side.

The Dietrich Law Firm P.C. has spent decades fighting for the rights of Rochester residents injured in infrastructure-related automobile accidents. Our battle-tested team of attorneys knows what it takes to hold even the most powerful entities accountable. Since our founding in 2005, we have successfully litigated countless claims against negligent motorists, car insurance companies, and government agencies, securing more than $175 million in damages. Please send us a message online or call us today at (585) 939-3939 to schedule your free, no-obligation consultation.

Infrastructure Maintenance And Liability In Monroe County

The roads, highways, and bridges in and around Rochester are maintained by:

1. The New York Department of Transportation: The New York Department of Transportation maintains state-owned infrastructure in Monroe County. This includes state highways, such as New York Route 15, New York Route 31, and New York Route 65, as well as the New York State Thruway.
2. The Monroe County Department of Transportation: The Monroe County Department of Transportation maintains county-owned infrastructure in Monroe County. This includes over 1,500 miles of roadway, 180 bridges, and hundreds of traffic signals and traffic control devices.

Under certain limited circumstances, either the New York Department of Transportation or the Monroe County Department of Transportation could be held liable for pothole-related accidents. However, proving that a government agency was responsible for a dangerous road condition, such as a pothole, could be challenging. Before filing a claim against the state or the county, you must take specific, time-sensitive steps to notify the authorities of your accident and then collect evidence to prove that the government knew about, or should have known about, the condition that caused your accident.

Since government claims can be complicated, you should always consult an attorney before filing a pothole accident lawsuit. The Dietrich Law Firm P.C. is committed to providing our clients across Rochester and Monroe County with unparalleled personal injury service. The Dietrich Law Firm P.C. could help you take on the government, holding the Department of Transportation accountable for inadequate maintenance. Please call us at (585) 939-3939 to schedule your free consultation as soon as possible.

Filing A Pothole Personal Injury Claim

If you believe that inadequate maintenance caused or contributed to your Rochester-area pothole car accident, you could file a personal injury claim against the liable transportation authorities. However, filing a personal injury claim against New York State or Monroe County is very different than filing a claim against an individual motorist, an insurance company, or a private business. Before serving the at-fault agency with a lawsuit, you must file what is known as a Notice of Claim. Ordinarily, a Notice of Claim must:

1. Be in writing and sworn before a notary public, either by the claimant or by the claimant’s attorney;
2. Describe the nature of the claim;
3. Detail the time, place, and manner in which the accident occurred; and
4. Contain an estimate of the damages resulting from the accident.

In general, a Notice of Claim should be served to the presumptive defendant by personal delivery, registered mail, or certified mail. Under state law, this Notice of Claim must be served within 90 days of the accident. Typically, New York law does not permit Notices of Claims to be submitted late. If a Notice of Claim is submitted after the 90-day deadline has passed, the claimant must petition a Supreme Court to review and adjudicate the proposed claim. When reviewing a late claim, the court will consider whether the claimant has or had compelling reasons to miss the 90-day deadline. Under most circumstances, the review will not consider the severity of the claimant’s injuries or their need for immediate legal relief.

After the Notice of Claim is received by the government, they may conduct an investigation into the accident. This investigation could require that you:

1. Appear in court;
2. Consent to an independent medical examination; and
3. Submit evidence of your injuries.

If the government believes that it should not be held liable for your injuries, they may refuse to negotiate a settlement, forcing you to take further action and initiate a lawsuit. You should contact an attorney irrespective of whether the government is willing to settle since the agency’s initial offer may underestimate your damages.

The Dietrich Law Firm P.C. understands that staying on top of state-imposed deadlines and compiling, reviewing, and analyzing the evidence needed to win a personal injury lawsuit could seem like a daunting task. We offer free, no-obligation consultations and case evaluations, as well as an opportunity to discuss your claim with Jed Dietrich, Esq., a top-ranked attorney recognized as a Best Lawyer of America. Please send us a message online or call us at (585) 939-3939 to speak to a professional and schedule your appointment immediately.

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Call the Dietrich Law Firm P.C. immediately at (585) 939-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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