Michigan Pothole Accident Lawyers
Michigan Pothole Accident Laws
The governmental agency having jurisdiction over the highway or roadway “shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.” MCL 691.1402(1).
Therefore, there is a duty upon the city, road commission or MDOT to maintain a road in “reasonable repair”. If the agency breaches the duty, an individual may sue for either damage to their vehicle or personal injury.
Michigan Pothole Accident Liability Laws
In order for the agency to be liable to an individual, they must have actual or constructive notice of the defect in the road before the accident occurs. This means that they had actual notice i.e. someone told the city about the pothole. Or, in the exercise of reasonable diligence, they should have known of the defect AND had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place. This does NOT mean that if a pothole was only there for a few days that the agency would not be liable. 30 days makes it a per se violation, but that does not mean that an agency can wait 30 days to repair a pothole.
The individual injured on a defective road must notify the governmental agency of the injury and the defect within 120 days from the date of injury. MCL 691.1404(1).
We Can Help With Your Michigan Pothole Accident
If you have been injured in an accident in Michigan involving a pothole, please contact us by phone at 855-MIKE-WINS or e-mail and we will be happy to answer all of your questions at no charge.
Our Clients Say It Best…
I was blown away by the professionalism of Mike Morse’s law office. Whenever I called, I was able to speak to someone about my case and they always had time for my questions. I know they have a very busy firm and thousands of cases but I always felt like a top priority. Plus, the results of my case were beyond my expectations. I highly recommend this lawyer.
I think very highly of Mr. Morse’s office & would recommend them to anyone. It starts with the great feeling you get when you come to the office for the very first time & it has continued with the excellent customer service they always provided. I don’t even need to ask questions because the attorneys & paralegals are so on top of their jobs. They have always been there for me. I have a warm & friendly feeling anytime I stop in. It feels like home.
I’ve had great service from the entire staff at The Mike Morse Law Firm I have their phone number memorized and have recommended them to anyone I know who has been in an accident.
I highly recommend Mike Morse’s office to anyone who needs a lawyer. I have enjoyed learning about the law and enjoyed being a client. The staff is great. My last attorney was not great and this firm is a breath of fresh air. I love coming in the door at his office and everyone is so wonderful to deal with. I meet with my attorneys and Mike Morse personally whenever I want. I cannot say enough about how happy I am with this firm.
It’s easy to describe The Mike Morse Law Firm…friendly, caring, and they get the job done.
I have had a wonderful experience working with The Mike Morse Law Firm. They did a great job getting the money I was entitled to! I really appreciated everything their legal staff did to help me.
This firm’s professionalism far exceeds the normal verbal and written communications expected from a law office. They could not have done a better job with the matters concerning my case and I would highly recommend them.
When the attorneys at The Mike Morse Law Firm represented me, we were not just a number, we were family. They really cared about what I was going through. I could not have asked for better people to work on my case.
Mike Morse has a great team of people. I have nothing but good things to say and would refer them to anyone. I pass out their business cards every chance I get.
28 years after my accident I received a letter from The Mike Morse Law Firm with an information brochure. I’m so glad I kept that letter because later on when AAA wrongly suspended my no fault benefits, I immediately contacted Mike. Mr. Morse took my case and did everything he said he would do. Now, more than 28 years after my accident, AAA is paying like they should be, and it’s all because of Mr. Morse’s hard work and expertise.