Attorney David W. White was interviewed by Boston 25 News for a story which aired last night, “Mass. ‘Pothole’ Law Leaving Many With a Hole in Their Wallet.” The 25 Investigates team found cities and towns in Massachusetts are not compensating drivers for motor vehicle damage caused by winter potholes on municipal roads. Surprising many is that state law favors this position.
“You would think the law would be a little more supportive of people who suffer damages to their cars because we can’t maintain our roads,” Attorney White said in the interview. He later added, “The city can say you were 1% negligent yourself and that is an absolute defense to the case. And they’ll win, they will win.”
The investigative team found a handful of exceptions when cities actually paid drivers for pothole damage. But most drivers in Massachusetts had to foot their own bill, at an average cost of $306, according to AAA. The costs can be much higher for some drivers.
If a driver is successful in making a claim, there is a $5,000 maximum compensation.
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The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured by negligent and reckless driving in Massachusetts. If you have been injured in a car accident or a truck collision, seek immediate medical treatment and consult our attorneys to learn your legal rights. For a free legal consultation, call 800-379-1244 or 617-723-7676 or use our contact form.
Just as sure as it brings snow, winter in Massachusetts always brings potholes. When drivers hit potholes, their cars can sustain major damage, sometimes totaling in the thousands of dollars. They often want to file a claim against the state or community which maintains the road.
NBC Boston recently aired a story on what rights consumers have if their vehicle is damaged by a pothole (1/24/2017). Attorney David W. White was interviewed and delivered bad news for drivers. Under Massachusetts law, drivers do have 30 days to file a claim against a town or state. But drivers are unlikely to recover any money because the state and towns will claim “contributory negligence.”
“If you are one percent at fault, you get zero percent recovery,” he said.
We encourage you to watch the segment here: http://tinyurl.com/zlt8kvo.
About Breakstone, White & Gluck
The Boston car accident lawyers at Breakstone, White & Gluck are experienced at handling auto accident claims involving serious injury. If you have been injured, learn your rights. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.