Environmental conditions like slick roads, poor visibility, and high winds can lead to car accidents. However, sometimes, the road itself contributes to a crash. Improperly performed construction or maintenance can create road defects in Chicago, IL, that result in collisions with vehicles, pedestrians, or bicyclists.
Illinois law allows you to pursue claims against government agencies for their negligence. However, suing a state or local entity for a road defect can be challenging. A Chicago car accident lawyer from Powell and Pisman Injury Lawyers identifies the parties who may be liable for your injuries and seeks fair compensation for your losses. Contact us today at (312) 635-5400 for a free consultation.
How Powell And Pisman Injury Lawyers Can Help After a Road Defect Accident In Chicago, IL
Powell and Pisman Injury Lawyers has successfully recovered over $250 million in financial compensation for injured people in Chicago, Illinois.
Our attorneys have over 35 combined years of experience fighting insurers and at-fault parties.
After you suffer an injury in a preventable accident, our firm:
- Analyzes your case and identifies the possible grounds for pursuing compensation
- Collects evidence and files a claim with the at-fault party’s insurer
- Works to resolve your claim, including negotiating for a settlement
- Files a lawsuit against the at-fault party if their insurer fails to settle
Car accidents can involve complex legal issues, particularly when a government entity may be at fault. Contact Powell and Pisman Injury Lawyers for a free consultation with a Chicago road defect accident lawyer to learn how we can help you fight for injury compensation.
Road Defect Car Accidents
According to Chicago’s car accident statistics compiled by the Illinois Department of Transportation (IDOT), the city had 101,023 traffic accidents in a recent year. Most crashes occurred on roads with no defects.
However, 1,274 of the city’s crashes involved the following roadway issues:
- 79 crashes due to debris on the road
- 313 collisions due to ruts or holes
- 104 crashes related to road shoulders
- 345 accidents from worn surfaces
- 433 accidents involving some other road defect
While these numbers might seem low for a city of over 2.6 million residents, each crash had a significant human and financial cost for the crash victims.
Road defect car accidents caused the following:
- Three deaths
- 42 serious injuries that prevented the victims from leaving the scene without assistance
- 191 minor injuries that were visible but did not incapacitate the victim
- 146 possible injuries that caused symptoms without an apparent wound
As a result of these injuries, victims may have incurred medical expenses and missed work. Under Illinois law, victims can seek financial compensation from the person, business, or government entity whose negligence caused their losses.
Liability for Road Defect Car Accidents
The liability for a road defect accident can fall on the following parties:
Government Agency
The government, as well as its agencies and employees, is generally immune from lawsuits. However, Illinois has waived its immunity as well as the immunity enjoyed by local governments under certain circumstances. One of those circumstances is negligence.
Negligence occurs when a party fails to exercise reasonable care. State and local governments in Illinois have a legal duty to exercise ordinary care in maintaining their public facilities, including roads. When they unreasonably neglect their roads, anyone injured in a crash can pursue a claim against the entity.
This process differs from an ordinary lawsuit in the following ways:
- You can sue local governments in circuit court but must sue Illinois in the Court of Claims
- You must provide notice of your claim within one year of the injury
- Your compensation may be capped by Illinois law
A lawyer will analyze your case and determine the rules that apply based on the agency responsible for your injuries.
Construction Company
A construction company that contracts with the government to build or maintain a road might be liable for shoddy work. For example, suppose that your accident occurred because the paving company left a tool embedded in the road surface. When you hit it, your tire ripped and caused you to lose control of your vehicle. You may have a claim against the company.
Drivers
A driver, including the injured victim, might bear some responsibility for road defect crashes. Under Illinois law, a court can apply the doctrine of comparative negligence to reduce your compensation in proportion to your fault.
For example, suppose that the road was visibly damaged, but you were distracted by your phone and did not slow down. The government might still bear some fault for not fixing the road or posting warning signs and barriers. However, you might be partially at fault for distracted driving, and your compensation may be reduced accordingly.
Contact Our Chicago Road Defect Accident Lawyers For A Free Consultation
A car accident resulting from road defects can cause serious or even fatal injuries. You only have two years from the date of the accident to file a suit. Don’t hesitate to get legal help from a Chicago road defect accident lawyer.
Contact Powell and Pisman Injury Lawyers for a free consultation to discuss your legal claims under Illinois law.