# Who Is Responsible for Pot Holes Causing Vehicular Damage? | Attorney Brian White ![Who Is Responsible for Pot Holes Causing Vehicular Damage in Houston, TX?](https://attorneybrianwhite.com/wp-content/uploads/2015/04/Who-Is-Responsible-for-Pot-Holes-Causing-Vehicular-Damage-in-Houston-TX-300x169.jpg) The government is tasked with keeping roads clear of debris, free of [potholes](https://attorneybrianwhite.com/blog/common-road-hazards-to-avoid-an-accident/), and safe to drive on. Yet when cities are in trouble, one budget often compromised is the department of transportation. If your vehicle is damaged because of a pothole in [Texas](https://www.texas.gov/), are you stuck with the tab or should the city cough up repair money? ## **The Government’s Legal Responsibility** [Texas law](https://statutes.capitol.texas.gov/) dictates that its cities are not responsible for damage caused against a vehicle due to street debris or potholes. The city is not [liable](https://attorneybrianwhite.com/faqs/whats-liability/) for the condition of its roads, nor is it likely that filed claims will be met. Despite this law, there is a [formal process](https://www.txdot.gov/about/contact-us/ask-a-general-question.html?form=Report_a_Pothole/) on the Texas Department of Transportation’s website. The form reports where the pothole is, and you can request a direct response from the TxDOT. Citizens may make a claim against the city seeking reimbursement. Sometimes the city reimburses drivers, though the [chances are extremely slim](https://www.cbsnews.com/texas/). Motorists requesting refunds for pothole damage is the number one complaint. In other words, cities are left up to their own discretion on whether or not to pay damages. While the laws vary from city to city, one trend strikes through all Texas court systems: requesting damages is a lengthy process that almost never bears fruit. The city of Dallas, for instance, is notorious for only paying out money if the damage includes examples of clear negligence on the part of city employees. If you wish to file a claim for damages in [Houston](https://www.houstontx.gov/), you have 90 days to do so. The list of facts you must provide in your claim is extensive. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## **The Two Rules** for Bringing a Lawsuit in Texas If you wish to bring a lawsuit against your city for damages, there are generally three important questions that must be answered: 1. Was the city aware of the pothole or unsafe condition before it damaged your car? 2. Did the city have enough time to fix/clear/repair the street? 3. Was the obstruction the only cause of damage to your vehicle? Most of the time, the city must be aware of an unsafe section of road before it is held liable. This is especially true in Texas. If you are the first to report a pothole, the city is unlikely to pay anything. Then, the city must have a certain number of business days to determine whether it is liable. This is typically left up to the discretion of the judge, who will often side with the city if the claim is made by a civilian. Finally, an inspector is often issued to check the car for signs of damage prior to the pothole. If your car is well-worn or suffers any obvious signs of damage, the inspector will likely claim the pothole is not solely responsible for the damage. ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help If you or a loved one have been injured due to a pothole causing a [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/), contact [Houston](https://www.houstontx.gov/) car accident attorney [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) for legal help. For more information, [contact](https://attorneybrianwhite.com/contact-us/) the [Houston personal injury law firm](https://www.google.com/maps/place//data=!4m2!3m1!1s0x8640bf255e7aaf73:0x52064b120afa59fe?source=g.page.share/) of Attorney Brian White Personal Injury Lawyers by calling [(713) 500-5000](tel:+17135005000). Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. 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On the one hand, a gallon of the soapy stuff can keep your --- Source: https://attorneybrianwhite.com/faqs/who-is-responsible-for-pot-holes-causing-vehicular-damage/