Accident cases due to potholes or bad roads are not new.
As many as 223 accidents caused by poor road conditions in Selangor were recorded between 2018 and 2020. According to the Selangor Traffic Enforcement and Investigation Department chief Superintendent Azman Shari’at, 148 cases resulted in death. Out of these fatalities, 116 cases involved motorcyclists.
Cases of pothole fatalities
The followings are among the reported accidents due to potholes in 2021:
- 3 January 2021
A 75-year-old folk died after the motorcycle he rode hit a pothole at Jalan Tengah heading to Mid Valley at 7.30 am.
- 4 January 2021
A 31-year-old food delivery rider died as he lost control of his motorcycle when it hit a pothole on Jalan PJU 7/2, Mutiara Damansara.
- 18 March 2021
A form six student claimed that she missed her Sijil Tinggi Persekolahan Malaysia (STPM) examination paper after being involved in an accident due to a pothole at Kilometer 8, Jalan Lipis-Padang Tengku, Kuala Lipis, Pahang.
- 16 June 2021
A Wira driver faced an anxious moment when his car sank into a hole due to road sediment at Jalan Lampam, Tanjung Puteri Resort, Pasir Gudang.
- 18 November 2021
An old folk fell on the road when the motorcycle he rode fell into a sewer hole in Johor.
Can you claim insurance or sue in the event of a road accident due to potholes or damaged roads?
If you have been practising safe driving, is it not unfair for you to bear the consequences of a road accident due to a damaged or potholed road?
According to Prof Madya Dr Ahmad Marthada, any individual can claim damages or file a suit in court if they are involved in road accidents following negligence in maintaining and repairing any road damage.
The Universiti Utara Malaysia lecturer said they could claim for damage from the involved department.
For example, one can claim from the Public Roads Department (JKR) due to negligence resulting in accidents or injuries to road users.
Meanwhile, AskLegal states that public roads are constructed and maintained by the state government as described in the Roads, Drains and Buildings Act 1974, except for highways with their own concession companies such as PLUS and private roads owned by a company or strata-certified roads such as in condominiums.
Therefore, road users who are victims of the situation can file a suit against the relevant party (authorities/government) under Section 5 of the Government Proceedings Act.
However, you still have to fulfil the criteria when filing a lawsuit. The suit for negligence requires sufficient evidence so that compensation may proceed to the relevant party.
You need to keep in mind that filing a suit will take quite some time. This is because the case needs to show that negligence is indeed on the part of the sued party.
Know your rights as a road user
Accidents due to road damage such as a pothole often occur, especially to motorcycle users. If it happens to you, make sure you know your rights to get compensation.
Do not take this matter lightly. Consult an expert for professional consultation or get advice from your insurer to help you if you are unsure.
Please also make sure your car insurance is active to ensure that you are covered.
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