In Connecticut, it's almost impossible to get the state to pay out on a pothole claim of any kind, though I've not heard of a case where they were sued for wrongful death because of one.
Outside of that, they'll deny your claim for just about any reason. Didn't see it? You were driving too fast or following too close to the vehicle in front of you. Did the state receive prior notice of the pothole within the last three weeks? If not, tough. Raining too hard to see the hazard? You were driving too fast.