January’s freeze-thaw swings turn small cracks into rim-bending potholes and uneven pavement across Georgia. Moisture seeps into the surface, freezes and expands, then thaws and collapses the weakened spot—traffic finishes the job and a pothole appears. That cycle is why winter brings more blowouts, bent wheels, suspension damage, and one-car crashes into curbs and guardrails.
Who may be responsible—and why it’s complicated
Liability depends on who maintains the road you were on and what they knew about the hazard:
- Cities (municipal streets): A city isn’t liable if it lacked notice and wasn’t negligent in construction or maintenance. But if a defect existed long enough that the city should have known—or had actual notice—and failed to fix or warn, liability can attach.
- Counties and the State (county roads, state routes, interstates): Maintenance responsibility shifts. As a rule, GDOT handles state routes and interstates, and it focuses winter response on those roads (local streets are typically not cleared by GDOT).
Urgent deadlines for claims against government
If a road owner may be at fault, Georgia’s notice rules are short and strict:
- Cities: Written ante litem notice within 6 months under O.C.G.A. § 36-33-5.
- Counties: Written notice within 12 months under O.C.G.A. § 36-11-1 (a lawsuit filed and served within 12 months can satisfy notice).
- State of Georgia/GDOT: Written notice within 12 months under the Georgia Tort Claims Act, O.C.G.A. § 50-21-26 (specific recipients and content required).
What to do in the first 24–72 hours (health first, proof second)
- Check injuries and get care the same day—concussions, neck/back injuries, and wrist/hand fractures can follow a hard impact even without another vehicle.
- Photograph the scene from wide to tight: the pothole or broken edge, lane lines, mile markers/intersections, lighting, and your tire/wheel/suspension damage. Include a coin or glove for scale.
- Note location precisely (pin on your phone, milepost, or nearest address) and report the hazard to the road owner (city, county, or GDOT) and ask that they preserve work orders and complaints.
- Save everything: damaged tire/wheel, alignment sheet, tow and repair invoices, dash-cam footage, and any debris from the pothole.
- Identify cameras and witnesses (buses, storefronts, home doorbells) and request preservation—many systems overwrite within days.
- Notify insurers carefully: give basics only; avoid recorded statements until you’ve spoken with counsel.
Insurance paths that can help right now
- Collision coverage often pays for pothole damage (deductible applies).
- UM/UIM may help if a road defect caused you to crash and another driver’s negligence is also involved (e.g., swerving to avoid a crater and being hit).
- MedPay/health insurance keeps treatment moving while fault is sorted out. Pursuing the road owner is fact-intensive and deadline-driven; evidence of notice and maintenance history can make or break the claim.
Evidence that moves road-defect cases
We gather: prior complaints and work orders for that spot, 311/SeeClickFix logs, maintenance contracts, weather data showing freeze-thaw patterns, and photos/video from days before your crash. For city streets, Georgia law looks at whether the defect existed long enough that the city should have known and acted.
Why winter makes this urgent
January’s repeated freeze-thaw cycles accelerate pothole formation and make “quick patches” fail; agencies often triage with temporary repairs before permanent fixes in warmer weather—meaning hazards can recur. Documenting when you hit the defect relative to complaints and work orders helps show notice and negligence.
Common injuries and losses after a hard hit
Neck and back strains, shoulder/wrist injuries from bracing, concussions from head whip, and property losses: tires, wheels, suspension, underbody, and damaged phones/laptops in the cabin. A Georgia claim can seek ER and follow-up care, imaging/therapy, future medical needs, lost wages, pain and suffering, and property damage.
Mistakes that quietly reduce case value
Leaving without photos, failing to pinpoint location, tossing the damaged parts, waiting weeks to see a doctor, or missing ante litem deadlines for city/county/state claims.
How Gunn Law Group builds winter road-defect claims
We identify the correct road owner, lock down notice and maintenance records, pull weather and freeze-thaw data, collect video and witness statements, and map every policy (your collision/UM, plus governmental liability where negligence and notice are proven). Then we document the full medical and financial impact and negotiate from evidence—not guesses.
If a January pothole or broken edge wrecked your day—and your car—don’t let short deadlines or missing proof sink your case. Need a home run? Call the Big Gunn at 888-BIG-GUNN or visit thegunnlawgroup.com for a free case review.
