New York Considers Bill to Make State Pay for Pothole Damage

Proposed 'Safe Roads Act' would shift liability for vehicle damage caused by dangerous road conditions to the state.

Apr. 3, 2026 at 1:21pm

A photorealistic painting of a single pothole on an urban street, with warm sunlight casting long shadows across the cracked pavement. The scene has a quiet, contemplative mood, reflecting the frustration many drivers feel about the state of New York's roads.A new bill in New York aims to hold the state accountable for vehicle damage caused by neglected road infrastructure.NYC Today

New York lawmakers have introduced a bill that would amend the state's highway law to make the government liable for damages caused by defective or dangerous road conditions, such as potholes. Currently, drivers are responsible for covering the costs of repairs when their vehicles are damaged by poor road infrastructure. The proposed 'Safe Roads Act' aims to hold the state accountable if officials were aware of issues but failed to address them in a timely manner.

Why it matters

Potholes and other road hazards are a major problem across New York, especially during the winter months. This new legislation could provide financial relief to drivers who have had to pay out-of-pocket for repairs stemming from poor road conditions that the state was responsible for maintaining.

The details

The Safe Roads Act would require the state to cover damages if it can be proven that officials knew about a dangerous road condition but did not fix it within a reasonable timeframe. Supporters argue this would increase accountability and fairness, as drivers already pay taxes that are meant to fund road upkeep.

  • The bill, S9547, was introduced in the New York state legislature in early 2026.
  • If passed, the Safe Roads Act would go into effect starting November 16, 2026, marking the beginning of 'pothole season' in New York.

The players

James Skoufis

New York state senator who co-sponsored the Safe Roads Act.

Pat Carrol

New York state assemblyman who co-sponsored the Safe Roads Act.

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What they’re saying

“Drivers already pay taxes that are supposed to go toward maintaining roads, so when those roads fall apart and cause damage, it shouldn't be everyday people who get stuck paying for the repairs out of pocket.”

— James Skoufis, New York State Senator

What’s next

If the Safe Roads Act is passed by the New York legislature, it will then go to the governor's desk for signature into law.

The takeaway

This proposed legislation aims to hold New York state accountable for the poor road conditions that have become a major frustration and financial burden for drivers across the state. By shifting liability to the government, the Safe Roads Act could provide much-needed relief to residents whose vehicles have been damaged by potholes and other road hazards.