Can you claim compensation if a pothole causes a car accident?

While many people think of potholes as an inconvenience that can damage tyres or suspension, poor road conditions can also contribute to serious road accidents and injuries.

Recent media reporting has highlighted how difficult it can be to successfully bring a compensation claim against a road authority for vehicle damage caused by potholes. However, that doesn't mean injured road users are without options.

In my experience, many people injured in pothole-related accidents can still have successful TAC claims and access support through Victoria's transport accident scheme. While common law claims against road authorities can be more difficult to establish and are less common, they can succeed in the right circumstances.

If you've been injured in an accident where a pothole or dangerous road condition played a role, you may be wondering what support is available and whether you have a right to compensation.

How can potholes contribute to car accidents?

Potholes can create unexpected hazards for drivers, particularly on high-speed roads. A vehicle striking a pothole may:

• lose traction or control
• swerve into another lane
• suffer tyre damage or a blowout
• experience steering or suspension failure
• force a driver to take sudden evasive action

In some cases, dangerous road conditions don't directly cause a crash but contribute to circumstances that make an accident more likely.

Motorcyclists, cyclists, and drivers travelling in wet or low-visibility conditions can be particularly vulnerable.

What injuries can occur after a pothole-related accident?

The impact of a crash linked to poor road conditions can result in a wide range of injuries, including:

• whiplash and spinal injuries
• broken bones
• soft tissue injuries
• head injuries or concussion
• psychological injuries following a traumatic accident

Even injuries that initially seem minor can have a significant impact on a person's ability to work, participate in daily activities, care for family members, or enjoy everyday life.

What should you do after the accident?

If you're involved in a crash and believe poor road conditions may have contributed, it's important to prioritise your safety and seek medical attention. If it’s safe to do so, it can also help to:

• take photographs of the pothole or road defect
• photograph any damage to your vehicle
• record the location of the incident
• collect any witness details
• report the hazard to the relevant road authority
• keep copies of medical records and expenses

This information may be useful later if questions arise about how the accident occurred.

Can you access compensation?

In Victoria, people injured in transport accidents may be entitled to support through the Transport Accident Commission (TAC), regardless of who was at fault for the crash. TAC benefits can include:

• medical treatment and rehabilitation
• loss of income
• travel expenses related to treatment
• support services during recovery

Depending on your injuries, you may also have access to additional compensation options, including an impairment benefit. Unlike a common law claim, you do not need to prove that another person or organisation was at fault to be eligible for an impairment claim.

In some cases, injured road users may also be able to pursue a common law claim. This generally requires evidence that another person or organisation, such as a road authority, was negligent and that their actions or omissions contributed to the accident.

While claims against a road authority can be complex and depend on the specific facts, some injured road users may also have grounds to pursue a common law claim where the circumstances support it.

Because every situation is different, it's important to seek advice about your specific circumstances.

Who is responsible for maintaining roads in Victoria?

Road maintenance responsibilities can vary depending on the road and location. Generally, local councils and state authorities are responsible for maintaining roads and responding to hazards. However, responsibility can be complex.

Recent reporting has highlighted that many common law claims brought directly against road authorities for pothole-related damage are unsuccessful. Establishing liability can be difficult and often depends on factors such as whether the authority knew, or ought reasonably to have known, about the hazard and whether reasonable steps were taken to inspect, maintain or repair the road.

Each case turns on its own facts. However, this does not necessarily mean an injured road user will be unable to access other entitlements available through the TAC scheme.

A road authority is generally unlikely to be held responsible for a dangerous road condition if it did not know about the issue or could not have been reasonably expected to know about the issue. If an authority was aware of a hazard and failed to take reasonable steps to inspect, maintain or repair it, questions may arise about whether appropriate action was taken.

This is one reason why reporting potholes and other road hazards is so important. Reporting dangerous conditions can help road authorities identify risks and take action to improve safety for all road users.

When should you seek legal advice?

If you've suffered an injury in a road accident and believe poor road conditions may have contributed, it can be difficult to know what your options are.

Our team is here to listen, guide you through your options, and support you every step of the way. Contact us today for a confidential, no-obligation consultation.

If you need to speak to us sooner, call us on 1800 111 222.