Driving, cycling, or walking in Ontario should be a safe experience, but potholes and poorly maintained roads are a real hazard for everyone on the road. Whether you’re behind the wheel, riding your bike, or simply walking on a sidewalk, poor road conditions can lead to accidents and injuries. So, who’s responsible for these hazards, and who can you hold accountable if you get hurt?
Potholes and Poor Roads: A Growing Concern
Every year, potholes and road damage cause a significant number of accidents in Ontario. These hazards can cause flat tires, vehicle damage, and even more serious injuries if you lose control of your vehicle. Cyclists are particularly at risk of falling off their bikes when they hit a pothole, while pedestrians can trip and fall when walking on sidewalks or roads that are poorly maintained.
The question is: Who is responsible for keeping roads in good condition?
Who’s Responsible for Road Maintenance in Ontario?
In Ontario, road maintenance and repairs fall to different levels of government, depending on the location of the road:
- Municipal Roads: Cities and towns are responsible for maintaining local roads, including fixing potholes and addressing any hazards that may appear. If you’re injured because of poor road conditions on a municipal street, the municipality may be liable.
- Provincial Roads: The Ontario Ministry of Transportation (MTO) manages provincial highways. If a pothole or road defect on a highway causes an accident, the MTO could be held responsible for any damages.
- Private Roads: Some roads in Ontario are privately owned, especially in residential or commercial areas. In these cases, the property owner is responsible for maintaining the road and fixing hazards.
Can You Sue for Pothole-Related Injuries?
If you’ve been injured because of a pothole or poor road conditions, you may be able to pursue a legal claim for compensation. Whether you’re a driver, cyclist, or pedestrian, you may have a case if the responsible party failed to maintain safe road conditions. Here’s how it works:
- For Municipal Roads: In Ontario, municipalities have a legal obligation to repair hazardous road conditions in a timely manner. However, there are strict rules about how long they have to fix known issues. If they don’t fix a pothole or hazard within a reasonable time, they could be held responsible for any injuries caused.
- For Provincial Highways: The Ministry of Transportation must also ensure that highways are safe for travel. If a highway defect causes an accident, the MTO could be liable for the damage or injuries you suffer.
What Should You Do If You’ve Been Injured?
If you’ve been injured due to poor road conditions, the first thing you should do is seek medical attention. Then, contact a personal injury lawyer who can help you determine who is responsible and whether you have a case. In many situations, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
Remember, potholes and road hazards are not just an inconvenience—they’re a serious safety concern. If you’ve been hurt because someone failed to maintain safe roads, you don’t have to face the consequences alone.
