Spring brings warmer weather, flowers in bloom and, unfortunately, potholes. We’ve seen politicians across the state mark “pothole season” by filling them on camera. That helps drivers this summer, but what about those who hit the pothole with their car before it was filled? It’s hard on their cars and their wallets. It’s time for New York State to step up to the plate when it comes to keeping drivers safe and keeping money in the pockets of its residents.

AAA of Western and Central New York recently reported that two in 10 drivers had to get repairs done to their vehicle after hitting a pothole. And these are not minor costs. The average cost of repairs due to pothole damage was $406 in 2022, a figure that has only risen in recent years.

Repairs to wheels and car suspensions is an issue of affordability. Family members that suffer damage to their vehicle now face a barrier to getting to work or picking their kid up from school unless they shell out the cost of fixing these unexpected costs. Paying for repairs often means less money available for food or rent. Choices that no family should have to make.

If a driver hits a pothole on a local road and the municipality had advance notice of the pothole, a driver can generally pursue damages year-round. However, if the damage occurred on a state-owned road, the driver can only pursue compensation between May 1 and Nov. 15.

This is an outdated system that doesn’t make sense for hardworking New Yorkers. Why should the ownership of the road determine whether a neighbor in our community has to pay out of pocket? Why should a driver who hits a pothole in May receive compensation, but not a driver in the same situation in April? Whose fault is that?

I’ve introduced legislation that would remove the existing blackout period and expand the state’s liability year-round, as long as they had advance notice of the pothole. I’m also pushing for the New York State Department of Transportation to update their processes for New Yorkers to report issues on the road. In this day and age, we should have an online mapping tool in New York where anyone can quickly report an issue and receive follow up notice of when the pothole has been filled.

It’s about transparency, it’s about affordability. We may not be able to control our unpredictable winters, but we can control the safety of our roads and how we have the backs of New Yorkers when they need it most.

Jeremy Cooney serves as chair of the New York State Senate’s Transportation Committee and represents the 56th Senate District.

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