Potholes that are patched up on ad hoc basis can lead to uneven road surfaces like this in Tampoi. — Photos: THOMAS YONG/The Star
A family in Kluang, Johor, suffered a tragedy less than two weeks before raya when two brothers lost their lives in an accident involving a pothole.
Nur Alif Ikhwan Kamaruzaman, 16, and Norhazim Kamaruzaman, 17, were riding a motorcycle to school along Jalan Sengkang-Felda Inas-Bandar Tenggara on the morning of March 21 when the accident occurred.
Their father, Kamaruzaman Omar said he received the devastating news from a friend of his sons on the day of the incident.
“It was just like any other day. They were on their way to school and no one expected this to happen.
“The pothole they hit had been there for quite some time.
Potholes spotted on Jalan Impian Emas Utama in Skudai.
“It was initially a relatively small hole, but after being left exposed to the elements for a long time, it became larger,” Kamaruzaman told StarMetro.
In the wake of the tragedy, Works Minister Datuk Seri Alexander Nanta Linggi ordered the road concessionaire responsible for that stretch in Kluang to submit a full report on the incident.
He said concessionaires must take proactive steps to ensure road safety and not wait until lives were lost before taking action.
“Compliance with road maintenance standards is not just a contractual obligation, but a responsibility to the public,” he said in a Facebook post.
The pothole has since been patched, but for Kamaruzaman and his family, it was too late.
“This issue has been going on for a very long time and my children are not the first victims.
“Many have been involved in accidents because of potholes and I am certain that there have been other fatalities.
“Perhaps because my children were students – one of them a Sijil Pelajaran Malaysia (SPM) candidate – and it is so close to Hari Raya, this case received more attention,” he said.
This was not the first fatal incident in Johor involving a pothole.
In January last year, a pregnant woman was killed after crashing into an electrical panel box on Pasir Gudang Highway.
It was believed that she lost control of her car after hitting a pothole.
In November 2020, a 27-year-old woman died after a motorcycle she was on hit a pothole on the same highway.
Pothole incidents
Fatimah injured her hands and legs when she fell off her motorcycle while trying to avoid a pothole in Ulu Choh.
StarMetro spoke to several individuals who shared their harrowing experiences.
Factory operator Fatimah Damak said she crashed on her way home from work after hitting a dog while trying to avoid a pothole.
“I didn’t see the pothole. Once you get too close, especially when you are on a motorcycle, it is difficult to avoid.
“I accidentally hit a dog and fell off my motorcycle, injuring my hands and legs.
“Although I wasn’t hospitalised, the injuries were severe enough for me to take over a month off from work,” she said, adding that the dog was not injured in the incident.
The mother-of-one travels between Johor Baru and Pontian almost daily.
“I live in Johor Baru, but the factory I work at is in Pontian. So, I use the Ulu Choh road regularly.
“Over the years, the road has improved significantly, but there are still a lot of potholes that form from time to time.
“Sometimes, the patchwork makes the situation worse as the road becomes uneven and that is another kind of danger,” she said.
Rajan says potholes are especially dangerous at night and on rainy days.
Although J. Rajan has not been in a serious accident because of a pothole, he believes it’s just a matter of time.
“Potholes are very dangerous, especially during rainy days or at night.
“Hitting these potholes have also damaged my car tyres and bumper.
“I really hope the government addresses this issue.
“Road maintenance should be done frequently, not just when there is a tragedy,” said the trader.
Echoing his views was car workshop director Chu Fong Wee, who hopes that the issue will be taken seriously.
“I spent about RM800 to replace my tyre and pay for towing charges after hitting a pothole a few years ago.
“It was just after Chinese New Year and I had just changed my tyres a few weeks earlier.
“There were a lot of potholes at that time because of the rainy season, but most have since been patched up,” she said.
Chu said many customers came in for repairs after their cars hit potholes, especially during the rainy season, as these potholes were not visible when filled with rainwater.
Legal ramifications
Lawyer Norman Fernandez, who has handled over 20 pothole-related cases, said local councils must stop treating road maintenance as a reactive duty.
“Authorities only act after someone is killed or seriously injured. By then, it is too late.”
Fernandez says local councils must stop treating roadmaintenance as a reactive duty.
Fernandez said the responsibility of ensuring safe roads laid with the local councils, not the public.
“It is not the people’s job to report potholes.
“Local councils must monitor road conditions regularly, especially before and after the rainy season.
“What is happening now is that roads are patched up after something untoward happens, and even then, the patching is often a temporary measure.”
Fernandez said courts were more willing to award damages in pothole-related cases, citing a RM271,000 award last year by Johor Baru Sessions Court to a man injured in a crash.
He advised victims to act quickly and document everything before the pothole was patched up.
“If your car is damaged or you are injured, take clear photos of the pothole and the surrounding area.
“Lodge a police report, get an itemised bill from the workshop and keep all receipts.
Potholes spotted along Jalan Impian Emas Utama, Skudai.
“You can then file a claim with the local authority.
“If you had to use e-hailing or other transport services while your car was being repaired, those costs could also be claimed,” he pointed out.
Fernandez said most cases were successful if supported by proper documentation, and the awards typically ranged between RM30,000 and RM80,000.
He noted that it was more in cases involving serious injury or death.
To prevent further incidents, he suggested local councils adopt a simple but effective method used in parts of Indonesia, attaching cameras to motorcycles during routine patrols.
“It is a low-cost way to document road conditions and spot potholes before accidents happen.
“If they can do it there, we can do it here,” said Fernandez.
