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Old 01-09-2005, 01:26 AM
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Join Date: Nov 2003
Location: Louisville, Kentucky
Posts: 49

Liability for pot hole damage


What is the name of your state?: Kentucky.

I was driving on a back road coming around a turn, there was someone coming the other way who was towing a large trailer and cut the corner short and forced me to swerve. I didn't leave the pavement, but my right tires were going close to the edge. All of a sudden there was a large chunk missing from the side of the road, a drop of about 6" vertically.
looked roughly like this from top (dots are road):
..... |
..... |
... /
...|
... \
..... |

I was going about 5-10mph less than the speed limit in the turn and during impact (the other driver was prob 10 over.) Anyway, my car hit the hole HARD. Hard enough to break one of my aluminum wheels in half. I am also basically guarenteed to have suspension and/or other damage from that. Car now pulls, pops in turns, etc. One of my friends who was driving in front of me can back up the chain of events, and he also hit the hole but only barely, so his damage was minor. We also went back and documented the hole with photographs showing its scale. Interestingly I pulled up an aerial photo of the area and you can actually see the pot hole in it. I already have had to fork over a significant amount of money to replace the wheel, and could have to pay up to 3 or 4 times that depending on what else is broken. I am wondering what sort of liability the gov body who supervises the road would have for any damage that occured due to poor maintenence.
TIA
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