Who’s Responsible For Poor Road Conditions That Caused an Accident?

The Illinois Department of Transportation (IDOT), a county or city government agency, a landowner, or a contractor overseeing a construction zone can be held responsible for poor road conditions that cause an accident.

Meet with car accident lawyers in Chicago if you are involved in a collision due to poor road conditions. An attorney will learn about your accident and identify any liable parties. They will gather accident scene photos, traffic camera footage, and other evidence that shows the road conditions. From here, they can request compensation on your behalf.

How to Hold Someone Responsible for Poor Road Conditions That Caused an Accident

Hire a car accident attorney who will build your case. Per 735 ILCS 5/13-202, you may have two years from the date of your auto accident to submit a claim. The window for filing a claim may not be extended. As such, your attorney will advise you to submit your compensation request promptly.

Work with your lawyer to prove negligence. Together, you and your attorney must show that a party violated their duty of care, as they chose not to maintain a road. You must also explain that this party’s decision to breach their duty of care led to poor road conditions, which resulted in your accident and losses.

Consider the Illinois Compiled Statutes (ILCS) relative to negligence and liability. Your lawyer may argue that 65 ILCS 5/ was violated if a municipality did not take a reasonable amount of care of a road. If their argument is successful, you are well-equipped to get economic and non-economic damages from any liable parties.

When to File a Claim for Poor Road Conditions That Lead to an Accident

Submit your claim for compensation immediately. Partner with an auto accident lawyer within days of your crash. Your attorney will file your claim and look for ways to prove that poor road conditions led to your accident and that you should be compensated accordingly.

Just because you submit a claim does not mean you will have to bring your case to trial. For example, a government entity or its insurer could offer a settlement. Your lawyer can negotiate a settlement. If you get a fair offer, you can approve it and resolve your claim.

If warranted, your lawyer can represent you in a car accident case trial. Your attorney prepares you for your trial proceedings. They address any legal concerns or questions you have and ensure you understand what can happen when your case is presented to a judge or jury.

Compensation Available If Poor Road Conditions Caused an Accident

You can receive money for your auto repair costs, medical bills, lost wages, pain and suffering, and other quantifiable losses if poor road conditions contributed to your car accident. An auto collision lawyer can calculate your accident losses.

Based on 735 ILCS 5/2-1116, you can be partly liable for your auto accident, even if poor road conditions were a factor. Illinois has a modified comparative fault rule. If you are 1-50% to blame, a judge or jury may reduce your damages by your percentage of fault. In a situation where you are more than 50% liable, you may be ineligible to get damages.

Have a lawyer help you deal with the aftermath of your car accident. They want you to care for your injuries as they handle your legal matters. Your attorney will position you to secure fair compensation for your losses.