The Spring Thaw: Navigating Ohio’s Pothole Season and Your Legal Rights 

Written by Jay M. Kelley III in Automobile on April 28, 2026

As the snow melts and the ground thaws, Ohioans look forward to more than just blooming flowers. Unfortunately, spring also brings a less welcome tradition on Ohio roads: potholes. In 2026, the freeze-thaw cycle has been particularly harsh. This creates “tire-eaters” on everything from I-71 to the quiet side streets of Mayfield Heights.

Potholes are more than just a bumpy ride. They cause billions of dollars in vehicle damage every year. Even worse, they can cause serious accidents when a driver swerves to miss a hole or loses control after hitting one. At our firm, we have decades of experience helping people deal with the aftermath of road hazards. We know that while a pothole might look small, its impact on your safety and your wallet can be huge.

Why Spring is “Pothole Season” in Ohio

To understand your legal rights, it helps to understand why the roads fall apart every spring. It’s all about physics.

• Seepage: Water from melting snow seeps into small cracks in the asphalt.
• Freezing: When temperatures drop at night, that water turns to ice. Ice expands, pushing the pavement up and creating a gap underneath.
• Thawing: When the sun comes out, the ice melts, leaving an empty space under the road surface.
• Impact: As heavy cars and trucks drive over that weak spot, the asphalt collapses. A pothole is born.

Ohio road crews are working overtime, but they can’t be everywhere at once. This leaves thousands of hazards waiting for unsuspecting drivers.

The Damage You Can’t Always See

Most people think a pothole just means a flat tire. While a “blowout” is common, the damage often goes much deeper.

• Tire and Wheel Damage: Hitting a sharp edge can slice a tire sidewall or bend a metal rim. In 2026, many modern cars have low-profile tires that offer very little protection for the wheel.
• Suspension Stress: A hard hit can break a shock absorber or snap a strut. If your car “pulls” to one side after hitting a hole, your alignment is likely ruined.
• Undercarriage Impact: Deep holes can scrape the bottom of your car, damaging the exhaust system or even the engine’s oil pan.
• Steering Linkage: If the hit is hard enough, it can damage the tie rods that connect your steering wheel to your tires. This makes the car dangerous to drive.

Who is Liable for Pothole Damage in Ohio?

This is the most common question we hear in the spring. In Ohio, the answer depends on where the pothole was and if the government knew about it.

• The Ohio Department of Transportation (ODOT): ODOT is responsible for state routes, U.S. routes, and interstates. If you hit a hole on I-77, ODOT is the entity you would deal with.
• Local Municipalities: Cities like Cleveland, Columbus, and Cincinnati are responsible for the residential and main streets within their city limits.

The “Knowledge” Requirement: The Biggest Legal Hurdle

Under Ohio law, a city or the state is not automatically responsible just because a pothole exists. To hold a city or ODOT responsible for pothole damage in Ohio, you must prove one of two things:

1. Actual Notice: Someone reported the pothole to the government before you hit it, and they had a reasonable amount of time to fix it but didn’t.
2. Constructive Notice: The pothole was so big and had been there for so long that the government should have known about it.

Cities like Cleveland have 3-1-1 reporting systems. We use these records to see if a hole was reported days or weeks before our client hit it. If the city knew about a “crater” on Monday and didn’t fill it by Friday, they may be liable for your repairs.

Filing a Claim: The Ohio Court of Claims

If you are seeking money from the State of Ohio Department of Transportation (ODOT) for vehicle damage under $10,000, you don’t go to a normal local court. You file with the Ohio Court of Claims.

• There is a $25 filing fee.
• You must provide the exact location (mile marker or exit).
• You must provide photos of the damage and repair estimates.
• You must show that ODOT was negligent in their maintenance.

For claims over $10,000 or cases involving serious personal injury, the process is much more formal. This is where our years of experience becomes vital. We navigate the “Sovereign Immunity” laws that often protect the government from simple lawsuits.

When a Pothole Causes an Injury

While property damage is common, injury crashes are much more serious. A motorcycle hitting a pothole at 60 mph can be fatal. A driver who swerves to avoid a hole and hits another car can cause a multi-vehicle pileup.

In these cases, we look for more than just a repair bill. We look for:

• Medical Bills: ER visits, surgeries, and physical therapy.
• Lost Wages: Time missed from work while recovering or while without a vehicle.
• Pain and Suffering: The physical and emotional toll of a crash.

Because our firm has nurses and a doctor on staff, we can analyze the mechanism of injury. We can prove that the sudden jolt of a pothole caused the disc herniation in your back or the concussion you suffered.

Shared Fault and Potholes

Ohio follows modified comparative negligence. The insurance company for the city will almost always try to blame you. They might say you were speeding, following too closely, or distracted because you didn’t see the hole in time.

If a jury finds you were 20% at fault for not paying attention and the city was 80% at fault for ignoring a reported hazard, your settlement is reduced by 20%. For example, if your total damages are $10,000, you would receive $8,000.

With 50+ years of experience, we know how to counter these “blame the driver” arguments by showing that the pothole was a hidden trap that no reasonable driver could have avoided.

Steps to Take After Hitting a Pothole

1. Safety First: Pull over to a safe area. Do not stop in the middle of a highway.
2. Document the Location: Take note of the nearest exit, mile marker, or street address.
3. Take Photos: Take pictures of the pothole (use a common object like a water bottle for scale) and the damage to your car.
4. Report It Immediately: Call 3-1-1 for city streets or use the ODOT “Report a Defect” website for highways. This helps the next driver and creates a paper trail for your claim.
5. Get an Inspection: Even if the car seems fine, have a mechanic check your alignment and suspension.
6. Call Elk + Elk: If you were injured, or if the damage is significant, talk to us before you file a government claim.

Contact Elk + Elk for Your Free Auto Injury Consultation

Pothole season is a test of patience for every Ohioan. If you or a loved one has been injured because of poorly maintained roads, you deserve a team that knows how to hold the government accountable. Contact the experienced team at Elk + Elk for a free and confidential talk about your case. We work on a contingency fee basis, which means you pay nothing unless we win for you. Call 1 (800) ELK-OHIO today and let our decades of experience help you get back on the road.

Jay M. Kelley III - Managing Partner

Meet Jay M. Kelley III, a top medical malpractice and catastrophic personal injury attorney in Ohio with over 30 years of experience and a proven track record of securing millions in verdicts and settlements. He leads Elk + Elk’s comprehensive litigation strategy across state, federal, and appellate courts, drawing on a unique background as a former felony prosecutor and hospital defense lawyer. Jay focuses on high-stakes, complex cases, including birth injuries and wrongful death, and is widely recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.

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