Potholes, Steel Plates, and Construction Zones: When a Road Hazard Causes Injury

Every driver in Michigan is familiar with the realities of the road—changing seasons, ongoing construction, and the gradual wear that comes with time. From winter freeze-thaw cycles to heavy traffic and infrastructure projects, roads are constantly in flux. While most people expect minor inconveniences, the truth is that these conditions often create serious hazards that can lead to sudden and devastating accidents.

Potholes, uneven pavement, loose gravel, and improperly secured steel plates are more than just annoyances. They are dangerous conditions that can disrupt a driver’s control in a split second. What begins as a routine commute can quickly escalate into a crash, leaving victims with significant injuries, mounting medical bills, and uncertainty about what comes next.

These dangers do not affect only drivers. Motorcyclists, bicyclists, and pedestrians face an even greater risk when road conditions are unsafe. A small defect in the roadway that might jolt a car can be catastrophic for someone with less protection. The impact of these hazards extends far beyond the moment of the accident—it can alter lives in an instant.

Who May Be Liable for a Road Hazard Injury?

Government Entities

In many cases, responsibility for road maintenance falls on government entities, such as the city, county, or state. These agencies are tasked with keeping roads reasonably safe for public travel—but holding them accountable involves unique legal challenges.

• City, county, or state responsibilityGovernment agencies are generally responsible for inspecting, maintaining, and repairing public roads within their jurisdiction.
• Notice requirements and strict deadlines
  Claims against government entities in Michigan are subject to specific notice requirements and shorter timeframes. Missing these deadlines can prevent you from recovering compensation altogether.
• Failure to repair known hazards
  Liability may arise when a government entity knew—or should have known—about a dangerous condition, such as a large pothole or deteriorating roadway, and failed to take timely action to repair it.

Construction Companies and Contractors

When roadwork is underway, construction companies and contractors assume responsibility for maintaining safe conditions within their work zones. If they fail to do so, they can be held accountable for resulting injuries.

• Improper installation of steel plates or barriersSteel plates must be securely fastened and properly aligned. Loose or uneven plates can create dangerous driving conditions.
• Failure to warn drivers of hazards
  Construction zones must include clear signage, cones, and warnings to alert drivers of changes in road conditions. Missing or inadequate warnings can significantly increase the risk of accidents.
• Negligent site management
  Poorly managed construction areas—such as those with debris left in the roadway or unsafe traffic patterns—can create preventable dangers for drivers, cyclists, and pedestrians alike.

Third Parties

In some situations, liability may extend beyond government agencies and construction crews to other parties whose actions contributed to the hazardous condition.

• Utility companies
  Companies performing underground or roadside work may leave behind unsafe conditions if repairs are not properly completed.
• Private contractorsSubcontractors working on specific portions of a project may be responsible for creating or failing to correct a hazard.
• Other drivers
  In certain cases, another driver’s actions—such as swerving abruptly or failing to react appropriately to a hazard—may contribute to the accident.

What to Do After a Road Hazard Accident

Immediate Steps

Your first priority after any accident is safety. Once you are able, taking a few key actions can make a meaningful difference in your recovery and your case:

• Seek medical attention
  Even if your injuries seem minor, it is essential to be evaluated by a medical professional. Some injuries, such as concussions or soft tissue damage, may not be immediately apparent.
• Report the hazard and accident
  Contact local law enforcement and ensure that an official report is created. If possible, also notify the appropriate agency responsible for the roadway.
• Take photos or videos of the scene
  Capture the hazard itself—whether it is a pothole, steel plate, or debris—as well as your vehicle, surrounding conditions, and any signage (or lack thereof).

Preserving Evidence

Road hazard cases are unique because the dangerous condition may be repaired quickly—sometimes within hours or days. Preserving evidence is critical.

• Document road conditions and missing warningsTake detailed photos showing the size, depth, or placement of the hazard, along with any missing or inadequate warning signs.
• Gather witness statements
  If others saw the accident or are familiar with the hazard, their accounts can help establish how long the condition existed and how it contributed to the crash.
• Retain vehicle damage records
  Keep repair estimates, photographs, and any physical evidence of damage. This can help demonstrate the severity of the impact.

Avoiding Common Mistakes

In the aftermath of an accident, it is easy to make decisions that unintentionally harm your case. Being aware of these common pitfalls can help you avoid them:

• Failing to report the incident promptly
  Delays can weaken your claim, especially when dealing with government entities that require timely notice.
• Speaking with insurance companies without legal guidance
  Insurance adjusters may attempt to minimize your claim or obtain statements that can be used against you later.
• Not documenting your injuries and recovery
  Keeping records of your medical treatment, symptoms, and how the injury affects your daily life is essential in demonstrating the full impact of the accident.

What Compensation May Be Available After a Road Hazard Accident

Economic Damages

Economic damages are the tangible, measurable losses resulting from an accident. These are often the first and most immediate concerns for injured individuals.

• Medical expenses (current and future)This includes emergency care, hospital stays, surgeries, medications, and ongoing treatment needs related to the injury.
• Rehabilitation and therapy costs
  Physical therapy, occupational therapy, and other rehabilitative services are often necessary for recovery and can continue for months or even years.
• Lost wages and loss of earning capacity
  If your injuries prevent you from working, you may be entitled to compensation for lost income, as well as any reduction in your ability to earn in the future.
• Property damage
  Vehicle repairs or replacement costs can be significant, especially when the damage is caused by severe road conditions like potholes or uneven surfaces.

Non-Economic Damages

Not all losses can be measured in dollars and cents. Non-economic damages address the personal and emotional toll of an accident.

• Pain and suffering
  Compensation for the physical pain and discomfort caused by the injury.
• Emotional distress
  Anxiety, depression, and trauma that may follow a serious accident.
• Loss of enjoyment of life
  When injuries prevent you from participating in activities you once enjoyed.
• Permanent disability or disfigurement
  Long-term or lifelong impacts that alter your quality of life.

No-Fault Benefits in Michigan

Michigan’s no-fault insurance system provides certain benefits regardless of who caused the accident. These benefits can play a critical role in covering immediate expenses.

• Personal Injury Protection (PIP) coveragePays for necessary medical treatment related to the accident.
• Wage loss benefits
  Provides compensation for a portion of lost income if you are unable to work.
• Medical expense coverage regardless of fault
  Ensures that accident victims can access care without waiting for liability to be determined.

Wrongful Death Damages (If Applicable)

Tragically, some road hazard accidents result in loss of life. In these cases, surviving family members may be entitled to pursue compensation through a wrongful death claim.

• Funeral and burial expenses
  Covering the immediate costs associated with laying a loved one to rest.
• Loss of financial support
  Compensation for the income and benefits the deceased would have provided.
• Loss of companionship and guidance
  Recognizing the emotional and relational loss suffered by family members.

When Dangerous Roads Lead to Serious Consequences

Road hazards like potholes, steel plates, and poorly managed construction zones are more than everyday inconveniences—they are preventable dangers that can lead to serious, life-altering injuries. What should be a routine drive can quickly become a traumatic event when those responsible for maintaining safe road conditions fail to act with care.

When hazards are ignored, improperly repaired, or left without adequate warning, the consequences extend far beyond the moment of impact. Victims may face long recoveries, financial strain, and lasting physical and emotional effects. Holding negligent parties accountable is not only about securing compensation—it is about ensuring safer roads and preventing others from experiencing the same harm.

Speak With a Team That Puts Your Rights First

If you or a loved one has been injured due to a dangerous road condition, you deserve clear answers, trusted guidance, and strong advocacy every step of the way. At Liss, Shapero & Mitnick, you are never treated like just another case. You are treated like family—supported by a dedicated team that works collaboratively to protect your rights and tell your story.

Contact Liss, Shapero & Mitnick today for a free consultation:

Address:
2695 Coolidge Highway
Berkley, MI 48072

Phone: 248-584-1300
Toll Free: 1-855-LISS-LAW (1-855-547-7529)
Fax: 248-584-1323

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