Hurt in a Pothole? Here's What to Know About Suing the City

Short Answer: Yes, Sometimes, but the Claim Comes First

Can I sue the city if I fall in a pothole? Sometimes, yes. In California, you generally cannot sue a city, county, or state agency right away. You first present a written claim to that agency, and a lawsuit usually comes later.

This question comes up for every kind of road user. A pothole can throw a pedestrian to the pavement, knock a cyclist off balance, or pull a driver or motorcyclist into a loss of control. The first steps are much the same for each of them.

The process is not the same as a fall on private property. Two issues shape the early stages: who owns the spot, and whether you meet the deadline. Whether your claim succeeds depends on the facts of your case. No general article can predict that result.

If you are reading this for someone else, the same questions apply to them.

Which Public Agency Owns the Road or Sidewalk

The agency that owns or maintains the road usually decides where your claim goes. A city street, a county road, and a state highway each have a different owner. A claim sent to the wrong agency can waste weeks you may not have.

Sidewalks and curbs can be trickier. Responsibility may depend on who owns or maintains that stretch of walkway. In some places, a nearby property owner may share it. Look at the street name, any city or county boundary signs, and any repair or maintenance notices near the spot. These clues help show who owns the place where you fell or crashed.

The California Department of General Services explains how a claim against the state is filed, including who may file and the filing fee. State claim filing steps is the place to start. City and county claims follow different steps, so confirm the right agency early for your case.

What California Law Requires You to Prove

Your claim turns on what happened, and on proof that the road defect caused your harm. The facts you gather will shape how your claim looks.

Start with the defect itself. Show what the hole or crack looked like, how big it was, and where it sat in the lane or walkway. Then show how it caused your fall, crash, or loss of control. Photos and witness names matter here. Records of earlier complaints or repairs can also show how long the defect had been there.

Your own actions will be examined too. Speed, visibility, the time of day, and whether you could see the hazard may all come up.

The Six-Month Deadline for a Written Claim

For personal injury, a written claim against a California public agency generally must be presented within six months. The Government Claims Act sets this rule in Government Code section 911.2. Damage to a car or bicycle generally falls under the same six-month window.

Six months can feel long. It goes fast when you are in pain, waiting on medical care, and dealing with a damaged vehicle. Mark the date of the injury on your calendar the day it happens.

This is a different clock from a lawsuit. For a claim against a California public entity, a lawsuit generally must be filed within six months after the agency deposits or personally delivers written notice rejecting the claim (Government Code § 945.6). If the agency gives no written notice, the deadline is two years from when the claim accrued. Do not mix up the two. A claim that is not presented in time can end the matter before any lawsuit is filed. Keep proof of when and how you sent the claim, such as a certified mail receipt or an email copy.

What Happens After the City Denies the Claim

A denial is the agency’s written answer to your claim. The steps after it depend on the facts of your case and on the deadlines that apply.

Keep every letter the agency sends. Read each one closely, including any deadline it mentions. Do not sign releases or statements from the agency until you understand what they mean. A short sentence in a form can limit what you can later ask for.

Track the lawsuit deadline from the start. The claim timeline and the lawsuit timeline are linked: when the agency personally delivers or deposits in the mail its written notice rejecting the claim, the date of that delivery or mailing generally starts the six-month period to file suit. Write each date down, and keep a running file of every message sent or received.

What Compensation May Be Available and Why No Amount Can Be Predicted

Damages are the money a court may award to cover your harm. The law aims to cover all the harm a breach of a duty causes, even harm no one could have foreseen. See Civil Code § 3333.

Economic damages cover objectively verifiable losses. These include medical bills, lost wages, and the cost to repair or replace a vehicle or bicycle. Non-economic damages cover pain, suffering, and emotional distress. Civil Code § 1431.2 defines both terms.

When more than one party shares fault, the rule for non-economic damages changes. Under the same section, each defendant pays non-economic damages only in direct proportion to its own percentage of fault. If a city and a contractor both contributed, each may owe only its share of that category. Proof of each party’s role matters a great deal.

No lawyer can say in advance how a claim will turn out. Results depend on the facts of each case and the law that applies. No general statistic predicts an individual claim, and a general article cannot tell you what your claim is worth.

Preserving Evidence and Talking With a California Injury Lawyer

Keep proof of the defect, your injuries, and every message with the agency. Good records make each later step easier to prove.

Take photos of the defect from several angles. Include a coin or ruler for scale if you can. Write down the date, the time, and the exact location. Ask anyone who saw the fall or crash for their names and phone numbers. Save medical records, bills, repair estimates, and receipts for rides or missed work. Keep every agency letter in one folder.

Many people reading this were hurt themselves. Others are researching for a spouse, parent, or adult child who cannot manage the paperwork. Either way, the next steps can feel like too much at once.

Can I sue the city if I fall in a pothole?

Sometimes. In California, you generally must present a written claim to the city first, and a lawsuit usually comes after that step.

How long do I have to file a claim against a city in California?

For personal injury, a written claim generally must be presented within six months, under Government Code section 911.2. Damage to a car or bicycle generally falls under the same window.

How long do I have to file a lawsuit?

For a claim against a California public entity, such as a city, Government Code § 945.6 sets the deadline: a lawsuit generally must be filed within six months after written notice rejecting the claim is personally delivered or mailed, or within two years of accrual if no written notice is given.

Does my own fault stop my claim?

No. California follows pure comparative negligence, so your damages are reduced by your share of fault rather than barred.

Donald Norman Colvin is the lawyer at Colvin Accident Lawyers in Bakersfield, California. If a bad road left you hurt, or left someone you love hurt, you don’t have to sort out the claim alone. Colvin Accident Lawyers offers a free first consultation, confidential and with no obligation to continue. You can start on the contact page.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.