Michigan, New Jersey bills seek clarity on pothole damage

While most state legislative work around the country has concluded for the year, legislation remains active in two states to address concerns about pothole repairs.

In Michigan, state law permits drivers to seek damages under $1,000 for defective highways if road agencies are aware, or should be aware, of a roadway defect. The rule states that road agencies must have “reasonable time to repair the defect” before a mishap.

Specifically, a governmental agency must have known about the pothole for 30 days and have failed to repair it.

Alleged pothole damage of at least $1,000 requires the filing of a lawsuit for recovery against the Michigan Department of Transportation. Damage claims procedure is available.

A House bill package focuses on county-owned roads. The legislation addresses conflicting Michigan rules that include different time frames to seek damages for incidents on county-owned roads.

Rep. Graham Filler, R-St. Johns, told the House Transportation, Mobility and Infrastructure Committee that the courts have historically recognized 120 days as the time limit for filing notice of claims for pothole repair. In recent years, the state court of appeals modified the time limit to 60 days. In 2021, the Michigan Supreme Court ruled that 120 days is the time limit.

Filler has said most counties provide 120 days to file notice but that putting the Supreme Court ruling into statute is needed. He added that the clarity is good for Michigan taxpayers.”

The bills – HB4940 and HB4941 – are intended to make clear the liability of a county road commission when it fails to maintain a state or county road as required by law.

House Transportation, Mobility and Infrastructure Committee Chair Nate Shannon, D-Sterling Heights, added that the legislation would help protect counties and county commissions, as well as help ensure the upkeep of Michigan’s infrastructure will continue to be the priority.

“The contributions by Michigan taxpayers need to be safeguarded and spent for the benefit of priorities like our roads, rather than litigation,” Shannon said.

Claim process needs improvement

An investigation by Bridge Michigan, described as a nonpartisan, nonprofit news source, found that roadway users are rarely reimbursed for vehicle damage caused by bad roads.

A report shows the state and county road agencies have distributed less than $150,000 since 2018 for highway damage claims.

New Jersey

Potholes are enough of an issue in New Jersey to warrant an online pothole claim form.

Currently, the New Jersey Department of Transportation is required to provide an annual report for the governor and Legislature on New Jersey’s Roadway Pavement System. The agency uses the report to identify, repair and maintain projects that were completed throughout the fiscal year. The report does not include information about potholes.

One bill moving through the statehouse is intended to address concerns about pothole damage to roads and bridges.

Sen. Anthony Bucco, R-Boonton, has said New Jersey is ranked among the worst states in the country for potholes. Multiple sources back up the claim.

USA Today research has shown that New Jersey ranks eighth nationally in potholes. Additionally, Stacker examined data from The Clunker Junker to find that New Jersey ranks sixth nationally for potholes.

The site reports that “the average additional cost to drivers in vehicle damage is referred to as a “New Jersey pothole tax.”

Solution pursued

Bucco’s bill would require the New Jersey DOT to provide information about potholes on state roads in their annual Roadway Pavement System report.

He said S862 provides “a crucial step towards improving road safety and increasing transportation transparency.”

The state DOT would be required to include additional information about pothole repair projects and their cost in the annual report.

Information would include the number of pothole repair projects throughout the state, including the cost of repairs; the resources allocated by the agency for each maintenance and repair project; and an estimated timeframe to complete each project, including response times for emergency pothole repairs.

The agency would also be required to conduct a lifecycle cost analysis, in consultation with the New Jersey Division of Risk Management, to report on the number of pothole damage claims submitted by travelers on state roadways.

Additionally, the information would be required to be made available to the public on the DOT’s website.

Bucco said that having access to pothole repair and damage claim data from the DOT would help lawmakers to implement “targeted solutions to improve roadways” across the state.

S862 is in the Assembly Transportation and Independent Authorities Committee. Senate lawmakers already approved the bill by unanimous consent. LL

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