Potholes are everywhere - Motorists Be Aware Wet weather, plus daily temperature fluctuation (freeze-thaw), plus poor roadway drainage, plus years of underfunded road improvement accounts, equals lots of potholes in New England. Please drive with caution, slow down, watch for potholes, and avoid driving in the gutter. Avoid puddles; potholes often live at the bottom of puddles. If you have to drive through a puddle, slow down. Assume there is pothole in the puddle. Hitting a pothole at low speed is a jarring experience. Hitting a pothole fast and hard is when damage can occur. DPW assigns staff to fill potholes every day during pothole season and responds immediately when a pothole is reported, but potholes redevelop. In wet and frozen conditions, we have no repair techniques available to that will provide a permanent fix. We revisit the chronic problem areas and respond to calls from residents, motorists, and the Police, and dispatch crews to fill the hole usually with high performance cold patch. High performance cold patch is a much better patching material than what was available 10 years ago, but it still does not bond well when it is wet or the ground is frozen. The DPW gets a half dozen or more claims for tire or rim damage submitted to us each year. The individuals who submit claims usually seem to expect an immediate payment of their repair costs. They are generally unaware of the procedure or State laws. It is extremely rare that a municipality will help pay for damage sustained if you hit a pothole in Massachusetts. A few things you should know: First, the Town does not cut a check to pay for anyone for any damages. We have insurance and a claim for pothole related damage (and any other damage) gets forwarded to our insurance company claims department. Second, pothole damage claims submitted to our insurance company are rarely paid to the claimant. This is primarily due to the State laws. Our general laws effectively place a large portion of the responsibility for such damage on the motorist. Municipalities are not considered negligent or legally liable for damages, unless it had prior notice that a defect existed and failed to repair it within a reasonable amount of time. Also, municipal liability is limited to cases where the defect was the sole proximate cause of injury or damage. Finally, if the actions of the individual or some third party contribute in any way to the occurrence, recovery against the municipality is barred. As we fill all potholes immediately upon being reported to us, often including bringing in staff on overtime, we always repair potholes (or cone them off) within a reasonable amount of time. We cringe when we receive a pothole claim and wish we could have fixed it before a vehicle got damaged. It’s also no fun telling someone that they will likely foot the bill for damage incurred. Potholes are a serious road hazard and concern for all public works departments. We wish potholes could be eliminated, but in the short term that is not an economic reality. It is a constant battle; when Mother Nature puts us in a wet, freeze-thaw cycle, it’s an uphill battle. If you see a pothole, please call it in to the Police (508-966-1515). They have staff on our roads 24-7 and will check it out and call the DPW if it is severe enough to warrant an emergency response. Also you can go to the Town’s Homepage bellinghamma.org and click on “REPORT A POTHOLE”. Drive safely and have a safe winter!
Posted on: Mon, 15 Dec 2014 18:56:09 +0000
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