Partner at AKD Lawyers
Practice Areas: Personal Injury
New Orleans is known for its charm, music, and rich culture—but it’s also known for its rough roads. From deep potholes on significant streets to cracks in residential areas, road hazards have become a daily frustration for drivers, cyclists, and pedestrians. When one of these potholes causes damage or injury, it raises an important legal question: Who is responsible?
In this guide, we’ll explore how liability works when potholes lead to accidents in New Orleans, what steps to take after an incident, and how Alvendia, Kelly, and Demarest can help you navigate the legal process.
Understanding the Pothole Problem in New Orleans
New Orleans’ geography plays a significant role in its pothole problem. Much of the city lies below sea level. Combine that with frequent rain, flooding, and fluctuating temperatures, and you have a perfect recipe for crumbling roads. Heavy vehicles and years of wear only make things worse.
For drivers, a pothole might mean a sudden jolt and expensive repairs. For cyclists and motorcyclists, it can mean serious injury. In some cases, potholes even cause drivers to lose control and crash. If you’ve experienced this firsthand, you’re not alone—and you may have legal options.
Potholes cost American drivers approximately $3 billion annually in vehicle repairs.
What to Do Right After a Pothole Accident
If you hit a pothole and suffered injuries or damage, what you do in the moments after matters. Your actions can help protect both your safety and your potential claim.
First, make sure everyone is safe. If you or anyone else is injured, call 911. Then, document everything. Use your phone to take clear photos of the pothole, your vehicle, and the surrounding area. These images are crucial evidence.
Talk to any witnesses and get their contact information. Then, report the pothole to the City of New Orleans by calling 311 or using their website. Be sure to note the exact location and get a report number for reference.
Even if you don’t feel hurt right away, see a doctor. Some injuries can show up hours or even days later. Finally, avoid admitting fault or making assumptions about who’s responsible—let the facts speak for themselves.
How to Report the Pothole to the City
Reporting the pothole is a necessary part of the claims process. It also helps the city take action to fix the road and prevent further accidents
You can report potholes to the City of New Orleans by dialing 311, visiting the city’s 311 website, or using their mobile app. When reporting, include:
- The exact location (street name, nearby landmarks)
- The time and date of the incident
- Photos, if possible
Keep the report number. It will be useful later when you file a claim, and it also serves as proof that the city was notified of the hazard.
Claims must be filed within one year of the incident.
Who’s Responsible for a Pothole Accident?
In many cases, the city is responsible for maintaining public roads, including repairing potholes. But legally, this responsibility is not always automatic.
To hold the city accountable, you need to show that:
- The town knew—or should have known—about the pothole
- The city had a reasonable amount of time to fix it
- The town didn’t repair it or put up proper warning signs
- The pothole directly caused your accident or injury
That’s not always easy to prove. You may need maintenance records, evidence of prior complaints, or testimony from experts. That’s where having an experienced legal team on your side makes a difference.
The city may be held liable if it knew or should have known about the hazardous condition and failed to correct it.
How to File a Claim Against the City of New Orleans
If you want to pursue compensation for injuries or vehicle damage, you must file a formal claim with the city. This is separate from a lawsuit and must be done before pursuing legal action in court.
Here’s what you’ll need:
- A completed claim form (available from the city)
- Photos of the pothole and your vehicle
- Medical records or repair bills
- A copy of the 311 report or confirmation number
Keep in mind that you only have one year from the date of the incident to file your claim. If your claim is incomplete or late, it could be denied.
If the city accepts your claim, they may offer a settlement for repairs or medical bills. If they reject it, you still have the option to file a lawsuit.
Table: Steps to File a Pothole Damage Claim in New Orleans
| Step | Action | Details |
| 1 | Document the Scene | Take clear photos of the pothole, vehicle damage, and surroundings |
| 2 | Report to 311 | Provide exact location details and obtain a report number |
| 3 | Seek Medical Attention | Even for minor injuries, get a medical evaluation |
| 4 | Gather Documentation | Collect repair estimates, medical bills, and witness statements |
| 5 | Submit Claim | Complete the official claim form and submit all documentation to the city’s Risk Management Unit |
Why These Claims Can Be Difficult
Compared to typical car accident claims, pothole-related claims can be more complex to win. The city might argue that they didn’t know about the pothole in time to fix it. Or your driving contributed to the accident.
Another challenge is the limit on how much you can recover. Since you’re filing against a government entity, the compensation you receive may be capped. This makes it even more critical to have all your documents in order and to build a strong case from the start.
If your claim is denied, don’t lose hope. You may still be able to take legal action. A skilled personal injury attorney can help you explore your options and determine the best path forward.
How AKD Lawyers Can Help
Alvendia, Kelly & Demarest has deep roots in New Orleans. We’ve helped many clients recover damages from city infrastructure issues, including pothole accidents.
Our team knows how to gather the proper evidence—like maintenance records, witness statements, and expert opinions—to build a strong case. We handle everything from filing the initial claim to negotiating with city officials. If needed, we’ll take your case to court and fight for your rights.
We understand how frustrating these cases can be. That’s why we handle the legal stress, so you can focus on healing and moving forward.
Frequently Asked Questions
Can I file a claim if I hit a pothole in New Orleans?
Yes, if the city was aware or should have been aware of the pothole and didn’t fix it, you may be eligible to file a claim for damages.
What is the deadline for filing a pothole damage claim?
You have one year from the date of the incident to file your claim with the City of New Orleans.
What documentation is required for the claim?
You’ll need a completed claim form, photos, repair estimates, medical records, and the report number from your 311 submission.
What if the city denies my claim?
If your claim is denied, you can consult a personal injury lawyer who can help you take legal action or appeal the decision.
Can I claim for injuries sustained due to a pothole?
Yes, if your injuries were caused by a pothole and the city was negligent in maintaining the road, you may seek compensation.
Does the city pay for all pothole-related damages?
No, the city evaluates each claim individually. They may only pay if they had prior knowledge of the pothole and failed to act.
Conclusion
Pothole accidents may seem like minor inconveniences, but they can have significant consequences—physically, financially, and emotionally. If a pothole in New Orleans caused your injury or vehicle damage, you may have the right to seek compensation. But navigating city liability claims can be tricky.
At Alvendia, Kelly & Demarest, we bring local knowledge, legal expertise, and a commitment to justice. Our team can help you understand your rights, gather the necessary evidence, and pursue the compensation you deserve.
You don’t have to face the process alone. Contact our team to discuss your case, and let us guide you through every step.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
