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

HOUSTON – If you’ve been behind the wheel in the Houston area for any length of time, there’s a good chance you’ve come into contact with one of our city’s infamous potholes.

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

On Wednesday, KPRC 2’s Bryce Newberry reported on a cyclist who is filing a lawsuit against the city of Houston after he was seriously injured when he hit a massive pothole in the middle of a designated bike path.

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

Note: Hataway-Coné is in no way connected to the cyclist’s lawsuit.

Here is the advice she gave:

• If you have suffered bodily injury, see a doctor. Take note of your providers and request your records when you leave. If you can’t get your records, make a list of the name, address, and phone number of the emergency room or hospital you visited after the injury and contact information for all doctors who treated or examined you.

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

• Obtain contact information for the party(ies) who caused your injury or damage. If it is a government entity, note whether it is a city, county, or state, and whether a particular government agency or division is involved.

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

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

• Each case is unique. Seek legal counsel so that you can be properly informed of your rights under Texas law.

The State of Texas provides substantial immunity to government entities, including cities and counties. Although this immunity is broad, there are some exceptions. If you have been involved in an accident or suffered property damage at the hands of a Texas government entity, seek the advice of an attorney familiar with the Texas Tort Claims Act. There are legal requirements you must meet before you can file a lawsuit.

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