Wyoming Injuries

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Can I sue Casper for injuries from a pothole crash?

You need a written, itemized Notice of Governmental Claim under the Wyoming Governmental Claims Act, filed within 2 years of the crash. Yes, suing the City of Casper can be an option if a city-owned road defect caused your injuries, but the rules are different from a normal injury case. If you miss the 2-year notice deadline, send it to the wrong government entity, or leave out required details, the claim can fail before the court ever reaches your injuries.

The reason is sovereign immunity. In Wyoming, you generally cannot sue a city, county, or state agency unless the claim fits within the Wyoming Governmental Claims Act. Road and street cases sometimes do, but only if the government entity had responsibility for that roadway and your claim was properly presented first.

In Casper, that ownership question matters a lot during spring thaw and pothole season. A bad pothole on a City of Casper street is different from a defect on a WYDOT road, an I-25 ramp, or a county road outside city responsibility. If you blame the wrong agency, the claim can be dismissed.

Your notice should clearly state:

  • when and where the crash happened
  • the road defect involved
  • how the government entity was responsible
  • your injuries and losses
  • the amount claimed, if known

Photos of the pothole, wheel or suspension damage, skid marks, and repair records help show the defect was more than ordinary rough Wyoming pavement.

Wyoming also uses modified comparative fault. If you were 51% or more at fault, you recover nothing. The city may argue you were speeding, knew the road was broken, or could have avoided the hole.

For a Casper city street, the notice usually goes to the City of Casper. For a state highway or ramp, the responsible entity may be WYDOT or another state agency, which changes where the claim must be presented.

by Janet Pfeiffer on 2026-04-03

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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