Why New York Most Likely Won’t Pay for Your Pothole Damage

Goldstein and Bashner | Long Island Pothole Damage

If you’ve been on any Long Island road lately—from Hempstead Turnpike to Old Country Road to any major highway—you probably couldn’t avoid all the potholes that now clutter the roads. And just as you may be liable for accidents on your sidewalks, state-owned roads are normally the responsibility of the state.

However, as many motorists who experienced damage due to potholes have learned, New York exempts itself from liability for pothole damage on its roads between November 15 through May 1. This covers the entire winter—when nearly all pothole damage occurs.

On top of that, AAA has recently spoken out in an article to say New York “has not taken sufficient steps to prevent road defects.” Funding for road repair is far short of what is needed, and roads are not resurfaced even close to the recommended timeframe. As a result, they point out, the average driver spends $673 annually in additional vehicle maintenance costs due to inadequate road conditions. This is in addition to the taxes we pay to maintain the roads.

Currently, Assemblyman Thomas Abinanti and State Senator Timothy Kennedy have introduced legislation to remove the liability exemption, and instead, be liable after they receive notice of the defect. The bill calls for a website where drivers could report and track potholes, making it easy to put the state on notice and for the state to respond.

In the meantime, it is important to drive slowly and carefully and on roads with excessive potholes, and avoid them if possible in a safe manner.

If your damage from potholes occurs after May 1 through to November 15, you may have a claim against the state.

If you have any questions, please feel free to give our lawyers a call at 516-203-4857 or fill out our webform and we will get back to you.

Neal A. Goldstein
logo
Goldstein and Bashner
We know you have questions, so Goldstein and Bashner offers a number of free reports and information on this website.
1778 Hempstead Turnpike East Meadow, NY 11554
(516) 874-7303 516-222-0034
$
logo
Robert Bashner
Goldstein and Bashner
We know you have questions, so Goldstein and Bashner offers a number of free reports and information on this website.
1778 Hempstead Turnpike East Meadow, NY 11554
(516) 874-7303 516-222-0034
$
Goldstein & Bashner logo

Goldstein & Bashner

1778 Hempstead Turnpike East Meadow, NY 11554
(516) 874-7303 (516) 222-0034
$
Goldstein & Bashner
New York Office New York, NY 10170
212-349-2181 Neal A. Goldstein Robert Bashner Facebook Twitter Linkedin Google
Goldstein & Bashner
Nassau County Office 1778 Hempstead Turnpike East Meadow, NY 11554
(516) 874-7303 516-222-0034 Neal A. Goldstein Robert Bashner FB Twitter Linkedin Google
Goldstein & Bashner
Suffolk County Office Central Islip, NY 11722
631-851-2063 516-222-0034 Neal A. Goldstein Robert Bashner FB Twitter Linkedin Google
Goldstein and Bashner When it comes to the capacity to generate profound upheaval and anguish in the lives of those involved, almost nothing rivals a serious personal injury event stemming from the negligence of others.The physical suffering, financial pressures and family strain that so often result from such circumstances can seem insurmountable unless justice and accountability can be obtained from those responsible.