Damage caused by a pothole: who is liable?
If you drive your car through a pothole, you risk damage to the wheel and axle. In the event of damage, the question arises whether the public body responsible for maintenance must pay for the repair.
The most important facts in brief
- Depending on the type of road, the local authority, the state or the federal government is responsible for road maintenance.
- Anyone who wants to hold the building owner liable due to pothole damage must prove that the owner has violated his duty to ensure traffic safety.
When to expect potholes particularly frequently?
There is a high risk of damage to the car due to potholes, especially at the end of the winter season, when the asphalt can become brittle due to the interaction of frost, moisture and road salt. The resulting cracks allow further water to penetrate, which at temperatures below freezing can cause the road surface, which has already become unstable, to crack open. Within a short period of time, the notorious potholes are caused by the stress of road traffic.