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What you have to show
A claim over a road defect is a claim against the government, and the rules are specific. A public entity can be liable for injury caused by a dangerous condition of its property, such as a road, if the condition created a reasonably foreseeable risk of the injury and the entity either created the condition or had notice of it in time to fix it.
In practice, you need evidence that the defect was dangerous, that it caused your crash and injuries, and that the agency created it or knew about it in time. Notice is often the hardest part. Prior complaints, earlier crashes, repair requests and how long the pothole was there can all help show the agency had time to act.
The six-month claim deadline
Before you can sue a California city, county or other public entity over a dangerous road condition, a written claim generally must be presented within six months of the injury. That is much shorter than the two-year deadline for most injury lawsuits against private parties (Code of Civil Procedure 335.1). Mark the six-month date on your calendar now.
The claim has to go to the right agency. A street may belong to a city, a county road to the county, and a state highway to the state. Getting this wrong wastes time you do not have, so ask a lawyer to confirm the owner. Read more in the six-month claim against a city or county.
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Evidence disappears fast
Road crews may fill a pothole within days of a crash, so photograph it right away. Take wide shots that show where it is and close-ups with something for scale, like a shoe or a coin. Measure the depth if you can. Note the lighting, signs and any cones. Photograph your car’s damage and your injuries too.
Write down the exact location, cross streets and the time. Ask nearby businesses whether their cameras caught the crash. A lawyer can request public records showing past complaints and repair history, which can help prove notice. Neighbors and delivery drivers who use the road daily may remember how long the hole was there.
Fault and other parties
The agency will likely argue that you should have seen the hazard. California uses pure comparative fault, so if you share blame, your damages are reduced by your share and not barred (Li v. Yellow Cab Co.). Speed, lighting and how visible the defect was all come up. Motorcyclists face particular risks from potholes; see motorcycle crash fault.
Sometimes a private party shares responsibility, such as a contractor whose work left the road uneven, or a driver who swerved into you to avoid the hole. Construction zones raise their own issues; see crashes in a construction zone. If a city or county vehicle hit you, see city or county vehicle hit me.
What to do now
Get medical care and keep the records. Photograph the road defect today, from several angles, before repairs. Save your car repair estimate and receipts. Write down witness names and phone numbers. If police came, get the report number. Do not wait to see whether the city fixes the road before you act.
Do not sign any agency form or give a recorded statement before talking to a lawyer, and do not let the six-month deadline slip. Call Beverly Law at (310) 552-6959 or use the form on this page. We can identify which agency owns the road and present the claim on time.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
Can I sue the city for a pothole that damaged my car?
Possibly. You would need to show the pothole was a dangerous condition and that the city created it or had notice in time to fix it. First, a written claim generally must be presented within six months. For small car damage, many people file the claim themselves.
How long do I have to file a claim against the city in California?
Generally six months from the injury for a written claim against a California city, county or other public entity. The lawsuit comes later, after the claim is presented. Because the time is short, contact a lawyer soon after the crash so the claim goes to the right agency.
Who is responsible for a pothole on a freeway?
It depends on which agency owns and maintains that road. State highways, city streets and county roads each have different owners. A lawyer can find out who is responsible and present the claim to the right agency within the deadline, so it is not lost to a mix-up.
What evidence do I need for a pothole claim?
Photos of the defect with something for scale, measurements, the exact location, photos of the damage and your injuries, witness names, and medical records. Records of past complaints or repair requests can show the agency had notice. Act quickly, because repairs can erase key evidence.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
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Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.