Pothole & Road Defect Accidents

Michigan Pothole & Road Defect Accident Claims

Michigan's roads are among the worst in the nation. Potholes, crumbling pavement, missing guardrails, faded lane markings, malfunctioning traffic signals, and uneven road surfaces cause thousands of accidents every year across the state. When a government entity responsible for maintaining a road fails to address known hazards, and that failure causes an accident, victims may be entitled to compensation. Koussan Law represents Michigan drivers, motorcyclists, and cyclists injured by dangerous road conditions.

Government Liability for Road Defects

Under Michigan's Highway Exception to Governmental Immunity (MCL § 691.1402), government agencies — including MDOT, county road commissions, and municipal public works departments — can be held liable when they fail to maintain highways in "reasonable repair" and that failure causes injury. However, these claims have strict requirements: the defect must have been at least two inches deep or high (the "two-inch rule" for potholes and uneven surfaces), the government entity must have had notice of the defect, and the 6-month notice requirement under the Governmental Tort Liability Act must be met.

The Critical 6-Month Notice Deadline

Claims against Michigan government entities for road defects require filing a written notice of claim within six months of the accident under MCL § 691.1404. Miss this deadline, and your claim is likely barred forever — regardless of how severe your injuries are or how negligent the government was. This is why it is critical to contact Koussan Law immediately after an accident caused by a road defect.

Common Road Defect Scenarios

We handle cases involving potholes that cause tire blowouts and loss of vehicle control, uneven road surfaces and heaved pavement, missing or damaged guardrails, inadequate road drainage causing standing water and hydroplaning, construction zone negligence, faded or missing road markings, and malfunctioning traffic signals. Motorcyclists and cyclists are particularly vulnerable to road defects that may be minor inconveniences for cars but life-threatening hazards on two wheels.

Don't wait — the 6-month deadline is strict. Call Koussan Law at (313) 800-0000.