Road Maintenance and Liability: A Case of a Pothole and Compensation

No time to read?
Get a summary

The owner of a Volkswagen Touareg was driving along the Arti-Mikhailovsk road when a sudden pothole appeared in the path. The impact caused damage to both the right front and rear wheels, leaving the vehicle visibly impaired on the spot.

At the scene, traffic police issued a certificate documenting roadway deficiencies and recorded the dimensions of the pothole as 103 x 278 x 15 cm. The measurements confirmed a substantial hazard in the travel lane, explaining the mechanical damage to the vehicle.

Jasmine LLC was responsible for maintenance of the road at the location where the incident occurred. Specialists later assessed the total damage to be 231,399 rubles. The owner pursued a civil claim against Jasmine LLC in the Leninsky District Court of Yekaterinburg, seeking full compensation for the losses sustained. In the progress statement accompanying the lawsuit, the plaintiff included legal costs, diagnostic expenses, compensation for services of a representative, postage charges, and state duty in addition to the principal damage amount.

The district court ruled for full compensation in the amount of 231,399 rubles, and ordered Jasmine LLC to cover court costs, while reducing the fee for the services of a representative from 30,000 rubles to 15,000 rubles.

Jasmine LLC attempted to overturn the decision by appealing to the Sverdlovsk Regional Court, arguing that the plaintiff had violated traffic rules and therefore could not have slowed down in time to avoid the pothole. The appellate court concurred with the first-instance court, affirming that there was a direct causal link between Jasmine LLC’s failure to maintain the roadway and the damage sustained by the plaintiff. The ruling emphasized that proper maintenance was a duty of care, and its breach directly contributed to the loss suffered by the car owner.

As a result, Jasmine LLC was ordered to compensate the injured party in the amount of 262,054 rubles, reflecting adjustments for court costs and related expenses that accrued during the appellate process. This decision reflects the courts’ insistence on accountability for road maintenance and the financial consequences of neglecting safety responsibilities on public and municipal infrastructure.

The case underscores the principle that road authorities and maintenance contractors bear a legal obligation to keep road surfaces free from hazards that could reasonably cause damage or injury. When those duties are neglected, and a pothole or other roadway defect is proven to be the proximate cause of harm, the responsible party can face significant monetary liability to the affected driver.

In practice, this means motorists should be aware of how roadway conditions are monitored and how liability is determined in cases of damage caused by infrastructure defects. It also highlights the value of documenting incidents with police reports, maintaining repair estimates, and pursuing timely legal remedies to seek compensation for vehicle damage and related costs.

In the broader context of road safety and maintenance accountability, this case serves as a reminder that municipal and private roadway operators must uphold stringent standards for inspection, repair, and hazard mitigation. The legal framework supports victims who prove that a lack of maintenance led to financial harm, reinforcing the expectation that infrastructure owners act with diligence to prevent avoidable damage to vehicles and motorists.

In related developments, authorities encourage motorists and residents to report roadway defects promptly so that authorities can assess and address hazards before they result in costly damage. Civil court outcomes such as this reinforce the social contract between road users and maintenance providers, underscoring the shared responsibility to maintain safe traveling conditions for everyone on the road.

Note: The details above reflect a real case and illustrate how maintenance responsibility and compensation are evaluated within the jurisdiction of Sverdlovsk Oblast.

Vote – win Lada!

Take part in the “Behind the Wheel” Grand Prix vote and help us choose the best car novelties of the year.

As a thank you for the time spent, we raffle among the participants in the survey three frets. There is a chance for everyone who completes the questionnaire earlier February 28, 2023.

COMPLETE THE 2023 DRIVING GRAND PRIX QUESTIONNAIRE

No time to read?
Get a summary
Previous Article

Iberian Exception: Spain's Electricity Pricing and EU Regulation

Next Article

Reframing a High-Profile Case Involving a Russian Actor and Public Discourse