Loose manhole covers are more than just bumps in the road; they can also cause serious accidents that put drivers at risk. More than 2,000 vehicle accidents transpired in New York City because drivers weren't paying attention or were distracted, in which some of these accidents were caused by road defects such as loose manhole covers.
Road defects are checked and properly maintained by a responsible party. If they were the cause of accidents due to someone’s negligence, affected drivers may be able to file a lawsuit against them. However, it's important to first identify the individual or entity responsible before determining the next steps to take.
But how exactly could loose manholes create hazardous conditions for motorists? Here are a few ways:
Have You Had Accidents With Loose Manhole Covers and Suffered Injuries?
Contact us to understand your legal options (free consultation).
1. They May Cause Damage to Vehicles
New York has around 113,533 miles of public roads, with manhole covers prevalent throughout urban and suburban areas. Loose covers may lead to tire punctures or blowouts, especially at high speeds such as 65 mph on highways. Typically, they can cause damage when manhole covers become:
- Sunken
- Raised
- Damaged
- Making noise (causing distractions)
Manhole covers deteriorate over time, developing fractures and cracks due to vehicle traffic and extreme weather. These damages can compromise the integrity of the covers, making them unable to withstand intended loads. This can affect vehicle suspensions and wheel alignments, possibly leading to damages and eventually accidents.
2. Loss of Driving Control May Occur
Drivers encountering visible manhole issues may instinctively swerve, potentially causing collisions with other vehicles or roadside obstacles. This sudden evasive action compromises road safety for all users.
In wet conditions, particularly in New York, where the average annual precipitation is 41.1 inches, poorly draining manhole covers may lead to localized flooding. This accumulated water increases the risk of vehicles losing visibility and traction, thus becoming difficult to control.
Two-wheeled vehicles, in particular, may face even greater risks. Since they need to be balanced when driving, a loose or slippery manhole cover can cause their tires to lose traction. This may make the vehicle's balance difficult to handle, causing them to slide.
3. Secondary Accidents May Happen
Drivers who encounter visible loose manhole covers may instinctively brake suddenly to avoid them, potentially causing rear-end collisions or side-swipe accidents. Recent data from the National Safety Council underscores the prevalence of these types of accidents:
| - In 2022, 70.4% of crashes involved collisions with other motor vehicles. - Rear-end collisions accounted for 40.8% of these vehicle-to-vehicle accidents. |
These statistics emphasize how a single road hazard can trigger a dangerous chain reaction. If you've been involved in an accident caused by a damaged or loose manhole cover, consult our experienced road accident attorney to protect your rights and seek fair compensation.
Who is Liable for Loose Manhole Cover Accidents?
The potential parties who may bear liability in road accidents involving loose manholes include:
- Private property owners
- City governments
- County authorities
- State agencies
- Federal entities
If negligence contributed to the accident, you may be entitled to significant compensation for your losses. Victims of torts should follow strict guidelines when attempting to recover from New York State or a municipality. The law requires an individual to file a "notice of claim", which will include:
| - Your name (and any other claimants), your attorney's name, and your addresses; - The nature of your claim, i.e., what happened; - The time and place where the claim arose; - The items of damage or injury claim |
After filing a notice of claim, the municipality has 30 days to request a preliminary hearing to investigate your claim. Our road accident lawyers can help you with the process.
How to Prove Liability in a Loose Manhole Cover Accident
In order to make a successful claim against the government for vehicle damage or injuries caused by loose manhole covers, you will need to prove that the government was negligent. The following points should be proven:
- The state owed a duty of reasonable care to the claimant,
- That duty was breached;
- Causing the claimant's injuries;
- Resulting in compensable damages (like medical bills, lost wages, or pain and suffering).
Any claim filed in the New York Court of Claims must be filed within certain time limits. Under the CPLR 217-A, the statute of limitations for personal injury is 1 year and 90 days. Talk to our experienced attorneys so you can focus on healing while we handle the complex legal process.
Get Compensation After a Loose Manhole Cover Accident
Our seasoned personal injury lawyers can lend their hand.
Speak to a Road Accident Lawyer Today
At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one is a personal injury victim, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
