Resolve pothole crisis quickly or risk consumer litigation

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Photo for illustration purposes only. - 123RF

Road accidents caused by potholes are difficult to avoid and may happen to anyone.

When accidents happened due to the bad condiction of the roads, drivers might end up bearing high costs to fix their cars.

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Even worse if both the driver and passengers get injured and needed treatment at a hospital or clinic, an issue arises about the rights of the users to file a claim.

Many road users in the country did not know that they can file claims if they collide with obstacles or encounter damaged roads that led to injury or vehicle damage.

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This is because most of them were unaware of their rights to claim general or specific compensation from the party responsible for the road they were traveling on.

It can be done if users can prove that the accident was caused by the damage on the road and not due to the negligence of the victim or other road users.

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Yesterday, it was reported that a road maintenance company was ordered by the High Court to pay RM721,000 in damages to a motorcyclist who was injured after he hit a pothole in Pasir Gudang, Johor Bahru, three years ago.

This should serve as a wake-up call to local authorities (PBT) and the public that compensation could be given to drivers who crashed into potholes while using the road.

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The court's decision should serve as a reminder to those involved that they are responsible for the safety of the community and open the eyes of the public to their rights.

The case can also serve as a reference for the public to claim their rights if they are involved.

Responsible parties such as PBT and the Public Works Department (JKR) should repair the roads to prevent similar incidents from recurring or risk being sued by road users.