Legal Question in Personal Injury in West Virginia

Pothole Liability

While travelling in West Virginia, I hit a pothole and busted a tire. Is anyone liable? On the same trip, I passed a coal truck, which thru a rock and busted my windshield. Are they liable?

Asked on 6/20/05, 11:54 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pothole Liability

If it were a huge pothole which the state had negligently failed to repair and, consequently, your vehicle was damaged, you might have a case; for a small one, the practical answer is no.

The coal company would be prima facially liable in the scenario which you've described. Assuming that you've absolutely identified the company and their truck, your problem could lie in the area of proof that the errant stone which broke your windshield in fact came from one of their trucks.

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Answered on 6/21/05, 5:33 am

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