Not every crash in Macomb, Wayne, or Oakland County is caused by another driver. Sometimes the condition of the road itself plays a role — a pothole that causes a driver to lose control, debris in a travel lane, an unmarked lane shift in a construction zone, or ice on a surface that was improperly treated. When road conditions contribute to a crash, the legal questions can be more complex than a standard two-car collision.

Common Road Hazards That May Contribute to Crashes

Road hazards that can contribute to crashes include potholes and pavement failures, debris in travel lanes, standing water, construction-zone conditions, and other problems that may interfere with safe travel. The legal responsibility for a particular condition depends on what created the hazard, where it occurred, and which person or entity was responsible for it.

Who May Be Responsible Depends on the Circumstances

The answer to who may be responsible for a road hazard depends on where the hazard occurred, who was responsible for maintaining that road, and how the condition came about.

When a private party’s negligence creates a hazard, such as a contractor who leaves debris in a travel lane or a business whose drainage system floods a public roadway, a claim may lie against that private party under standard negligence principles.

When the hazard involves the condition of the road itself, questions may arise about the government agency responsible for maintaining it. In Michigan, road maintenance responsibilities are divided among the Michigan Department of Transportation, county road commissions, and local municipalities depending on the road classification. The applicable agency may be a relevant party in a claim involving a road defect.

Michigan’s governmental immunity law generally protects government agencies from tort liability, but limited exceptions exist. Under MCL 691.1402, a governmental agency with jurisdiction over a highway generally has a duty to maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel. That duty is subject to important statutory limitations and generally extends only to the improved portion of the highway designed for vehicular travel.

Under MCL 691.1403, liability also depends in part on whether the governmental agency knew or should have known about the highway defect. The existence of a pothole or other road hazard therefore does not automatically establish government liability. Whether a claim may be available depends on the particular condition, the agency responsible for the roadway, notice of the defect, and other circumstances.

Notice Requirements for Claims Against Government Agencies

Claims involving government road agencies may be subject to special notice requirements under MCL 691.1404. The notice must contain specific information about the location and nature of the alleged defect, the injury or damage, and other required information. Because these requirements differ from an ordinary car accident claim, speaking with an attorney promptly may be important when a government-maintained roadway is involved.

Why Evidence Preservation Matters

Road conditions can change quickly. A pothole may be repaired, debris may be removed, and weather conditions that contributed to a crash may not recur. Documenting the hazard at the scene with photographs and video, noting the exact location, and identifying any witnesses can be important steps in preserving the evidence that may be relevant to a later claim.

If traffic cameras, construction zone cameras, or nearby business surveillance systems may have captured the condition or the crash, that footage can disappear quickly. An attorney can take steps to identify and preserve that evidence while it is still available.

What to Do After a Crash Involving a Road Hazard

After seeking medical attention and reporting the crash to police, document the road condition as thoroughly as possible. Photograph the hazard, the surrounding roadway, any signage, and your vehicle’s position relative to the defect. Note the road name, jurisdiction markings, and any nearby mile markers or address references that will help identify the exact location.

If you were injured in a crash in Macomb, Wayne, or Oakland County and believe a road hazard may have contributed, our team may be able to help you evaluate your options. To speak with a Michigan personal injury attorney, contact us today.

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