So you hit a pothole in Houston, what are your rights?

HOUSTON – If you’ve taken the wheel in the Houston area for any stretch of time, chances are you’ve come into contact with one of our city’s infamous potholes.

While the consequences of hitting a pothole with your car are often nothing more than an ugly “bump, bump” sound, what are you supposed to do if your vehicle is damaged or worse yet, you are injured?

On Wednesday, KPRC 2′s Bryce Newberry reported on a bicyclist who is filing a lawsuit against the City of Houston after suffering serious injuries from hitting a massive pothole in the middle of a designated bike lane.

Bryce spoke to Misty Hataway-Coné, managing attorney and owner of Coné PLLC in Houston, about what you should do if you are involved in a similar situation after an ugly collision with a pothole.

Note: Hataway-Coné is not connected to the bicyclist’s lawsuit in any capacity.

Here is the advice she provided:

• If you have suffered a personal injury, seek medical attention. Take note of your providers and request your records when you are discharged. If you cannot obtain your records, make a list of the name, address, and contact number of the emergency room or hospital you visited after the injury and the contact information of all the physicians who treated or examined you.

• If able, take photos of the accident scene and any property damage sustained.

• Obtain the contact information of the party or parties that caused your injury or damage. If it is a governmental entity, take note of whether it is the City, County, or State, and if a particular agency or governmental division is involved.

• Obtain the names and contact information of any witnesses or persons you spoke to immediately after the accident.

• If you miss work, make a list of the work periods that you missed due to the injury or accident.

• Every case is unique. Seek legal counsel so you can be properly advised of your rights under Texas law.

The State of Texas affords substantial immunity to governmental entities, including Cities and Counties. While this immunity is vast, there are a few exceptions. If you have been involved in an accident or suffered property damage as a result of a Texas governmental entity, seek legal counsel from an attorney well versed in the Texas Tort Claims Act. There are legal requirements you must complete before you can file suit.

Bryce also spoke with Stephen Boutros, the personal injury attorney who is representing the cyclist.

Here’s what he had to say:

Bryce: “In general terms, if you suffer some sort of injury because of a pothole anywhere really in Texas, what are your rights?”

Steven Boutros: “Your rights against the city or the county or wherever that pothole exists are very little unless you can prove that they knew of that pothole before the incident occurred.”

Bryce: “And just to be clear, if it’s vehicle damage because of a pothole, I mean, you’re not likely to get much, right?”

Steven Boutros: “You’re likely to get nothing if it’s vehicle damage due to a pothole. Again, you would have to prove that the city had actual knowledge of that pothole before it occurred. And you’re very unlikely to recover vehicle damage, although thousands of Houstonians experience that every single year.”

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