Almost every driver in West Virginia may have faced this situation. You are cruising down a mountain road or weaving through a small West Virginia town when suddenly, you are jolted by a pothole, have to swerve around debris, or slam on the brakes for a downed tree limb.
Road hazards do more than damage vehicles or cause car accidents; they put lives at risk. So, what to do if you see a road hazard in West Virginia?
Your report could help prevent a crash or injury. Here are the steps for reporting a road hazard in West Virginia.
Step 1: Make Sure You Are Safe
Before you even think about reporting the issue, take care of yourself. If you are driving and spot something dangerous, like a washed-out shoulder, don’t slam on the brakes or swerve suddenly. That can be just as dangerous.
If it is safe, pull over and turn on your hazard lights. Take a deep breath and assess the situation. If someone’s hurt or the hazard has caused an accident, it is fine to call 911 right away.
Step 2: Take Note of What You Saw
Once you are in a safe spot, write down a few details. You may want to ask yourself:
- What is the hazard? Was it a pothole, a fallen sign, or a flood-damaged road?
- Where is it?
- When did you see it?
These small details can help road crews fix the problem.
Step 3: Figure Out Who Is Responsible for the Road
Not every road in West Virginia is maintained by the same agency. Here is a quick breakdown of which agency you may need to call:
- State roads and highways: These are handled by the West Virginia Division of Highways (WVDOH).
- Local streets: The city’s public works department will handle maintenance if you are within Charleston city limits.
- County roads: These might fall under the county road commission or public works.
- Private roads: If the hazard is in a parking lot or on a private drive, the property owner is responsible.
When in doubt, start with WVDOH. They can usually point you in the right direction if it turns out someone else is responsible.
Step 4: Report the Hazard
Now that you have all the information, you can choose the right agency to call.
For city streets inside Charleston city limits:
Report the hazard to the City of Charleston Public Works Department.
Charleston Public Works
- Phone: 304-348-6831
- Address: 915 Quarrier Street, Charleston, WV 25301
- Website: https://www.charlestonwv.gov/government/city-departments/public-works
For state roads and highways
If the hazard is on a state-maintained road (like MacCorkle Avenue, Greenbrier Street, or I-64), contact the following:
West Virginia Division of Highways – District 1
- Covers Kanawha County, including Charleston
- Phone: 304-558-3131
- Address: 1340 Smith Street, Charleston, WV 25301
- Website: https://transportation.wv.gov/Pages/default.aspx
You can also submit general concerns via their contact page or call the main DOH line at 304-558-3505.
For Kanawha County Roads
Some roads in the Charleston area may be outside city jurisdiction but are not maintained by the state. They may be the responsibility of the Kanawha County Commission or local subdivisions.
Kanawha County Commission
- Phone: 304-357-0101
- Website: https://kanawha.us/contact/
If you’re unsure of your jurisdiction, they can help direct you to the right department.
No matter who you contact, try to include:
- A clear description of the hazard
- The exact location
- Any photos you took
- The time and date you saw it
Some counties and towns also offer online forms or 311 reporting systems on their websites.
Step 5: Check Back in If Needed
We all know that government agencies do not always move at lightning speed. But that does not mean your report went unnoticed. Road crews have to prioritize based on severity and safety.
If it has been a while and the issue has not been fixed, you can follow up. A polite phone call or second email might bump the issue back onto the radar. And if it is getting worse or someone else was hurt, you should reach out again.
Step 6: What If the Road Hazard Damaged Your Car?
You could file a claim for the costs if your car was damaged. Just keep in mind that proving fault is not always easy.
For a claim, you will need:
- Photos of the hazard and your damage
- Repair receipts
- A copy of your report to the city, county, or state
- A police report, if one was filed
If WVDOH maintains the road, you may be eligible to file a claim through the West Virginia Legislative Claims Commission. You can find the forms and info at www.wvlegislature.gov/Joint/court.
Just know that approval is not guaranteed. You will have to show that the agency either knew about the hazard and did not fix it in time or should have known.
Keeping Everyone Safe on the Road
Road hazards are part of life, especially here in the Mountain State. Steep hills, rough weather, and winding roads can all lead to road hazards. And if any of these hazards have injured you, you may have the right to hold the state, county, or other municipality liable for your damages.
At DiPiero Simmons McGinley & Bastress, PLLC, we can help guide you through the claims recovery process.
