Michigan Roads Are the Worst in the Country and Everyone Knows It
This is not an exaggeration. Michigan consistently ranks among the bottom five states for road quality, and anyone who has driven I-94 through Detroit in March knows exactly why. Potholes the size of manhole covers open up overnight. Construction zones last for years. Uneven pavement jolts your spine on highways where the speed limit is 70. And when one of those potholes blows your tire at highway speed, sends your car into a guardrail, or causes a multi-vehicle pileup — you find out very quickly that the government does not make it easy to hold them accountable.
Governmental Immunity: The Biggest Obstacle
Michigan's Governmental Immunity Act (MCL § 691.1401 et seq.) generally protects government entities from lawsuits. There is an exception for the highway exception under MCL § 691.1402, which allows claims when a government agency fails to maintain a highway in reasonable repair and that failure causes injury or damage. But invoking this exception requires proving specific elements: the road defect must have existed for a minimum of 30 days before the accident (giving the agency constructive notice), and the agency must have had jurisdiction over that specific road.
The 120-Day Notice Requirement
This is where most pothole claims die. Michigan law requires you to provide written notice to the government agency within 120 days of the accident under MCL § 691.1404. The notice must include specific information: the exact location of the defect, the nature of the defect, the injuries sustained, and the names of known witnesses. If you miss this 120-day window — even by one day — your claim is permanently barred. No exceptions. No extensions. The courts have enforced this deadline ruthlessly.
Which Government Entity Is Responsible?
This is more confusing than it should be. MDOT (Michigan Department of Transportation) maintains state highways and freeways. County road commissions maintain county roads. Cities and townships maintain local streets. Filing your notice against the wrong entity can kill your claim. You need to identify the correct jurisdiction before the 120-day clock runs out. Koussan Law handles this identification process immediately upon engagement.
Documenting a Pothole Claim
If you hit a pothole and suffered vehicle damage or personal injury, document everything immediately. Photograph the pothole from multiple angles with something for scale (a shoe, a ruler, a water bottle). Note the exact location — GPS coordinates, cross streets, lane number. Photograph your vehicle damage. Get the police report if law enforcement responded. Save your tire or rim — it is physical evidence. And call an attorney within days, not weeks, because that 120-day notice deadline starts the clock on the date of your accident.
Michigan roads are not going to fix themselves. But when they injure you, the government can be held responsible. Call Koussan Law at (313) 800-0000 before your notice deadline expires.
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