Can a Pothole Cause a Personal Injury Claim in Texas?

If you have driven around McAllen or Edinburg, you probably know that potholes can be more than an annoying bump in the road. A large or unexpected pothole can damage a vehicle, cause a driver to lose control, or create a hazard for motorcycles and other road users.

But what happens if a pothole causes you to crash and you are injured?

Can you file a personal injury claim against the city, county, state, or property owner responsible for the road?

The answer depends on several factors, including where the pothole was located, who was responsible for maintaining the property, whether the responsible party knew or should have known about the dangerous condition, and what evidence exists to support your claim.

Can a Pothole Cause a Personal Injury Accident?

Yes. A pothole can create a dangerous roadway condition that contributes to an accident.

Depending on its size, location, and surrounding conditions, a pothole may cause a driver to:

• Lose control of a vehicle
• Swerve into another lane
• Strike another vehicle
• Damage a tire or wheel
• Lose control of a motorcycle
• Crash into a curb, barrier, or other object
• Cause a rollover accident
• Strike a pedestrian or cyclist while attempting to avoid the pothole

The risk can be particularly serious when a pothole is difficult to see because of darkness, standing water, traffic, construction, or other conditions.

A pothole does not automatically make another person or entity legally responsible for an accident. However, if a dangerous roadway condition contributed to your injuries, it may be worth investigating who was responsible for maintaining the area and whether they had notice of the problem.

Who Is Responsible for a Pothole in McAllen or Edinburg?

One of the first questions in a pothole injury case is determining who actually controlled and maintained the area where the accident occurred.

Not every road in the McAllen and Edinburg area is maintained by the same entity.

Depending on where the pothole is located, responsibility could potentially involve:

• The City of McAllen
• The City of Edinburg
• Hidalgo County
• The Texas Department of Transportation
• Another governmental entity
• A private property owner
• A property management company
• A business or commercial property owner
• Another party responsible for maintaining the roadway or parking area

This distinction matters because different legal rules may apply depending on who controls the property.

For example, TxDOT explains that it is responsible for the state highway system but not city- or county-maintained roads. The agency directs residents to local authorities for repair requests involving non-state roadways.

The City of Edinburg’s Streets Division handles road maintenance within city limits, including pothole repairs. McAllen also allows residents to report potholes through its 311 system.

What If a Pothole Is on a City Street?

When a pothole is located on a public street, the potential claim may involve governmental liability.

Texas generally protects governmental entities from lawsuits unless the Legislature has waived that immunity. The Texas Tort Claims Act provides certain limited waivers of governmental immunity, but those waivers have specific requirements and limitations.

That means you generally cannot assume that a city is automatically responsible simply because a pothole exists on one of its streets.

The circumstances surrounding the pothole can matter.

For example, questions may include:

• How large or dangerous was the pothole?
• How long had it existed?
• Did the responsible entity know about it?
• Had residents previously reported it?
• Were there previous complaints?
• Was the pothole visible to approaching drivers?
• Was there a warning sign?
• Was the roadway under construction?
• Did the responsible entity have a reasonable opportunity to address the condition?

These questions can become important when determining whether a governmental entity may have legal responsibility for an injury.

What If the Pothole Is on a State Highway?

Some roads in the Rio Grande Valley fall within the state highway system and are maintained by TxDOT.

If you are injured because of a dangerous condition on a state-maintained roadway, different governmental-liability rules may apply than they would to a privately owned parking lot or a city-maintained street.

Texas law contains specific provisions governing governmental premises liability and roadway conditions. In particular, Texas Civil Practice and Remedies Code Section 101.022 addresses the government’s duty regarding premises defects and special defects, including certain conditions involving highways, roads, or streets.

Because governmental claims can involve specific requirements and deadlines, it is important to determine which governmental entity controls the road before assuming you know where a claim should be directed.

What If the Pothole Is in a Parking Lot?

Not every pothole-related injury happens on a public road.

You could also be injured after hitting a pothole in:

• A grocery store parking lot
• A shopping center
• An apartment complex
• A restaurant parking lot
• A hotel
• A private residential community
• A business driveway
• Another privately owned property

When a pothole is located on private property, the legal analysis may involve premises liability rather than a claim against a governmental entity.

Texas courts recognize premises liability claims based on dangerous conditions on property. In a premises liability case, issues can include whether the property owner or occupier knew or should have known about the condition and whether reasonable care was used to reduce or eliminate the risk.

That means a pothole in a privately owned parking lot should not necessarily be treated the same way as a pothole on a public street.

Does the Property Owner Have to Know About the Pothole?

Knowledge can be an important issue in a premises liability claim.

A property owner generally cannot be expected to immediately know about every condition that appears on its property. A potential claim may therefore involve evidence showing that the owner knew about the dangerous condition or that the condition existed long enough that the owner should have discovered it through reasonable care.

Evidence might include:

• Previous complaints
• Maintenance records
• Inspection records
• Photographs
• Surveillance footage
• Employee statements
• Emails or messages
• Repair requests
• Work orders
• Testimony from witnesses

The circumstances can vary significantly from one case to another.

For example, a pothole that appeared immediately before an accident may raise different questions than a large pothole that had existed for months and had been repeatedly reported.

What If Someone Reported the Pothole Before the Accident?

A previous report could potentially become important evidence.

If a person reported a dangerous pothole to the entity responsible for maintaining the property, records of that report could help establish when the responsible party was made aware of the condition.

This is one reason documentation can matter so much after a pothole-related accident.

If you know that other people had complained about the pothole before your accident, tell your attorney. The existence of previous complaints does not automatically establish liability, but those records could become relevant to the case.

What Should You Do After an Accident Caused by a Pothole?

If you believe a pothole contributed to your accident, there are several practical steps you can take.

1. Get Medical Attention

Your health should come first.

If you are injured, seek medical attention and follow your healthcare provider’s recommendations.

Keep documentation related to your treatment, including medical bills, records, prescriptions, and other expenses.

2. Report the Accident

If the accident resulted in injuries or significant property damage, report it to the appropriate authorities.

A police or accident report may document important information about the location and circumstances of the crash.

3. Photograph the Pothole

If it is safe to do so, photograph the pothole and surrounding area.

Try to capture:

• The pothole itself
• Its approximate size and depth
• The surrounding roadway
• Nearby traffic signs
• Lane markings
• Lighting conditions
• Any warning signs
• Damage to your vehicle
• The location where the accident occurred

Take photographs from multiple angles when possible.

4. Document Your Vehicle Damage

Photograph damaged tires, wheels, suspension components, bumpers, and other parts of the vehicle.

Keep repair estimates and invoices.

A mechanic may also be able to document whether the damage appears consistent with striking a pothole.

5. Identify Witnesses

If anyone saw the accident, get their contact information if possible.

A witness may have seen you hit the pothole, observed the condition of the roadway, or seen what happened immediately afterward.

6. Preserve Other Evidence

Keep anything that could help document the accident.

This might include:

• Dashcam footage
• Cellphone photographs
• Vehicle repair records
• Medical records
• Police reports
• Insurance correspondence
• Road maintenance reports
• Pothole complaints
• Communications with a property owner

Evidence can become more difficult to obtain as time passes.

Should You Report the Pothole Even If You Were Not Injured?

Reporting a pothole can help alert the responsible entity to a potentially dangerous roadway condition.

For example, McAllen’s 311 system accepts pothole reports, including reports for street and alley potholes. Edinburg’s 311 system also allows residents to report potholes and other non-emergency community concerns.

TxDOT also provides a reporting system for potholes and other roadway issues on state-maintained highways.

If a pothole presents an immediate danger to drivers, use the appropriate emergency or roadway reporting resources rather than attempting to handle the hazard yourself.

How Can a Pothole Injury Be Proven?

A pothole injury case may depend heavily on evidence.

You may need to establish not only that you encountered the pothole, but also how the condition contributed to the accident and injuries.

Depending on the circumstances, useful evidence could include:

• Photographs of the pothole
• Video footage
• Dashcam recordings
• Witness statements
• Police reports
• Accident reconstruction evidence
• Vehicle damage records
• Medical records
• Road maintenance records
• Previous complaints about the pothole
• Evidence showing how long the pothole existed
• Evidence identifying who was responsible for maintaining the area

The condition of the pothole can also change quickly. A pothole may be repaired, filled, covered, or altered after an accident.

That makes documenting the condition as soon as possible especially important.

What If the Pothole Was Repaired After Your Accident?

A repaired pothole does not necessarily mean that a potential claim disappears.

However, once the condition has been repaired, it may become more difficult to establish exactly what the roadway looked like when the accident occurred.

This is why photographs, videos, witness statements, maintenance records, repair records, and other documentation can be important.

If you were injured after hitting a pothole and the pothole was repaired shortly afterward, preserve whatever evidence you already have and tell your attorney about the repair.

What If You Swerved to Avoid a Pothole and Crashed?

A pothole does not necessarily have to make direct contact with your vehicle to be relevant to an accident.

For example, a driver may swerve to avoid a large pothole and collide with another vehicle, a curb, a barrier, or another object.

In that situation, determining responsibility may require examining the entire sequence of events.

Important questions could include:

• How large or dangerous was the pothole?
• How much time did the driver have to react?
• Was the pothole visible?
• Were there warning signs?
• Was the driver traveling at a reasonable speed?
• Did another vehicle contribute to the crash?
• What did witnesses observe?

Texas follows proportionate responsibility rules in certain negligence cases, meaning the conduct of multiple parties can become relevant when determining responsibility for damages.

The specific facts of the accident matter.

Government Claims Can Have Special Notice Requirements

If you are considering a claim against a governmental entity, do not assume that the ordinary timeline for a personal injury lawsuit is the only deadline that matters.

The Texas Tort Claims Act generally requires notice of a claim to a governmental unit within six months after the incident, although the statute includes an exception when the governmental unit has actual notice of certain facts. Cities may also have charter or ordinance provisions involving notice.

These requirements can be especially important after an accident involving a city, county, or state-maintained roadway.

Because missing a required notice deadline can affect a potential claim, it is a good idea to speak with an attorney promptly if you believe a governmental entity may be responsible.

Can a Pothole Cause a Personal Injury Claim in Texas?

A pothole can contribute to a serious accident, but the existence of a pothole alone does not automatically establish legal liability.

The potential claim can depend on:

• Who controlled the roadway or property
• Whether the condition created an unreasonable risk of harm
• Whether the responsible party knew or should have known about the condition
• How long the pothole existed
• Whether the condition was reported
• Whether adequate warnings were provided
• How the accident occurred
• Whether other factors contributed to the crash
• What injuries resulted
• What evidence is available

Public-road pothole claims can also involve governmental immunity and specific statutory requirements, making them different from injuries caused by potholes on private property.

Injured Because of a Pothole in McAllen or Edinburg? Contact Brasure Law PLLC

If you were injured after hitting a pothole in McAllen, Edinburg, or elsewhere in the Rio Grande Valley, determining who may be responsible can be complicated.

Brasure Law PLLC can review the circumstances of your accident, the location of the pothole, available evidence, and the parties responsible for maintaining the area.

Contact Brasure Law PLLC for a confidential consultation about your potential personal injury claim.