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Kentucky’s roadways, like many across the nation, are no strangers to potholes. These roadway nuisances form when water seeps into cracks in the asphalt, freezes, and then expands, creating voids under the surface that collapse under the weight of passing vehicles. For Kentucky drivers, potholes are more than just a bump in the road—they’re hazards that can cause significant vehicle damage and even accidents. According to AAA, the average cost of pothole-related repairs is a staggering $406, highlighting the severity of the issue.

Understanding Liability in Pothole Accidents

When it comes to pothole accidents, determining liability hinges on who is responsible for the maintenance of the roadway where the accident occurred. This responsibility can fall on government entities such as city, county, or state governments, or on private landowners if the pothole is located on privately maintained roads.

Government Liability

State and local governments have a legal obligation to maintain safe road conditions for the public. When a pothole on a public road causes an accident, the government entity responsible for maintaining that road may be held liable. However, filing a claim against a government body involves navigating a complex legal process, including strict timelines and proving the entity was aware of the pothole and failed to repair it in a reasonable timeframe.

Private Landowner Liability

Private landowners adjacent to roads can also be responsible for maintaining certain portions of the roadway, depending on local laws and the specifics of their property. If a pothole on a privately maintained road leads to an accident, the landowner may be found liable. Establishing this liability requires demonstrating that the landowner neglected their duty to maintain safe conditions on their property.

Steps to Take After a Pothole Accident

  1. Document the Scene: Take photos of the pothole, your vehicle damage, and any nearby signs indicating ownership or maintenance responsibility.
  2. Report the Pothole: In Louisville, Kentucky, potholes can be reported to Metro311 online, through the mobile app, or by calling 311. Reporting not only helps in the claims process but also alerts the responsible entity to repair the pothole.
  3. Seek Medical Attention: If you’re injured, prioritize your health and get checked by a healthcare professional.
  4. Consult with an Attorney: Legal experts can guide you through the process of filing a claim and advocate on your behalf.

How Kaiman and Crahan Can Help

At Kaiman and Crahan, we understand the frustration and financial burden pothole-related damages can impose. Our experienced attorneys are here to help you understand your rights, determine liability, and pursue compensation for damages or injuries sustained. We’ll guide you through every step, ensuring you have the support you need to recover from an accident.



Potholes are more than just road annoyances; they’re liabilities waiting to happen. Understanding who is responsible for pothole repairs and knowing the steps to take after an incident is crucial for protecting yourself and your vehicle. If you’ve been affected by a pothole-related accident, don’t hesitate to reach out to Kaiman and Crahan for guidance and representation. Together, we can work towards making our roads safer for everyone.

We encourage you to share this post to help spread awareness about pothole hazards and the importance of reporting these issues. Remember, each report contributes to safer, smoother roads for all Kentucky drivers.

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