First steps before the road or vehicle changes
After a Pothole or Road-Defect Crash
30-second answer
Get medical care first. Save the exact road, direction, lane, time, approach, and original files already captured safely. Record where the vehicle, bike, helmet, and parts went. A road defect does not by itself prove liability.
Reviewed by Arta Wildeboer, California attorney (Bar #286995) · Updated
Do this now
- 1Get to safety, call 911 when needed, obtain medical care, and save your discharge papers and work or activity restrictions.
- 2Record the exact road, direction, lane, cross street or exit, map pin, date, time, and route of approach while the details are fresh.
- 3Save original scene, approach, dashcam, phone, GPS, and navigation files already captured safely. Keep unedited originals and separate sharing copies.
- 4Ask where the vehicle, bicycle, helmet, gear, and detached parts are now and when anything may be repaired, released, sold, salvaged, or discarded.
- 5Keep witness and camera leads, tow and repair records, every 311 or hazard ticket, insurance message, claim form, delivery proof, and agency response.
Avoid this
- Do not return to an unsafe road, enter traffic, stop in a live lane, move debris or a road plate, trespass, or reenact the crash.
- Before cleaning, repair, dismantling, sale, salvage, or disposal, document the damaged item and seek prompt advice when reasonably possible. Do not drive or ride equipment that may be unsafe, and do not alter or destructively test an item solely to investigate the crash.
- Do not assume a pothole proves liability or that a 311 ticket, insurance claim, records request, or preservation request is a government claim.
Save these
- Exact road, direction, lane, cross street or exit, map pin, date, and time
- Wide approach views, close condition views, warnings, lighting, weather, water, and debris
- Original photos, video, dashcam, GPS, navigation, app data, and metadata
- Vehicle, bicycle, helmet, gear, tires, wheels, suspension, forks, and detached parts
- Tow, storage, estimate, inspection, repair, total-loss, release, and salvage records
- Witness contact details and nearby business, home, transit, and traffic-camera locations
- 311, hazard, police, CHP, fire, ambulance, tow, insurance, and claim numbers
- Every report, request, form, attachment, delivery record, response, letter, email, and envelope
Common questions
Should I go back to measure the pothole?
Not if returning creates any danger. Do not enter traffic or stop in a live lane. Preserve evidence already captured safely and note witnesses, cameras, responders, and records that may show the condition.
Does a pothole mean the road agency is liable?
No. The condition, causation, ownership or control, creation or notice, timing, foreseeable use, and possible defenses or immunities all require evidence.
Is a 311 or road-service ticket a government claim?
Do not assume it is. A service request generally asks for inspection or repair. A government claim for money damages is a separate process involving the correct entity, recipient, content, timing, and presentation method.
What if the tow yard or insurer wants to repair or release the vehicle?
Ask in writing what is planned, when, and who controls each item. Seek prompt advice about a short preservation request. It may not stop storage charges, repair, release, sale, or disposal unless the custodian agrees or another rule applies.
Want more detail?
Read the full explanation
Injured in a California Pothole Crash? Evidence to SaveOfficial resources
- California Government Code section 815: Public-entity liability requires a statute (opens in a new window)
- California Government Code section 830: Dangerous condition and public property definitions (opens in a new window)
- California Government Code section 830.2: Minor, trivial, or insignificant risk (opens in a new window)
- California Government Code section 835: Dangerous condition of public property (opens in a new window)
- California Government Code section 835.2: Actual and constructive notice (opens in a new window)
- California Government Code section 911.2: Claim presentation period (opens in a new window)
- California Government Code section 915: Claim presentation and recipients (opens in a new window)
- California Government Code section 945.4: Claim presentation before suit (opens in a new window)
- California Government Code section 945.6: Later lawsuit periods (opens in a new window)
- California Courts: Government claims (opens in a new window)
- Caltrans: Submit a Damage Claim (opens in a new window)
- MyLA311: City service requests (opens in a new window)
- City of Los Angeles Clerk: Claim for Damage (opens in a new window)
Questions about your situation?
Talk with Arta Wildeboer
A short guide cannot account for every fact. A free consultation can help you understand the next step without pressure.