Car and truck accidents can have numerous causes. One cause that is often overlooked is poor road conditions. However, when roads have a hazardous design or have not been adequately maintained, they can lead to an accident.
But, how do you recover compensation in a car accident caused by bad roads? Government entities responsible for the design and maintenance of dangerous roads may be held liable just as any other defendant. However, suing a government entity has different procedures that must be followed.
If you have been injured in an accident caused entirely or partially due to poor road conditions, you need the assistance of an experienced car accident lawyer in Chicago with a proven record of recovering compensation from government entities.
At Meyers & Flowers, our seasoned Chicago personal injury lawyers have the experience, skills, and knowledge to help you recover maximum compensation for your damages. Schedule a free consultation today by calling (630) 576-0528 or completing the short form on our contact page.
What Types of Road Conditions Can Cause Accidents?
Dangerous road conditions may be caused by poorly designed and negligently maintained roadways and bridges. In Illinois and other states, harsh winters contribute to poor road conditions by causing potholes and ridges that can lead to accidents. The shoulders of highways may erode, leaving dangerous drop-offs. And many intersections have shrubs and weeds that block the view of oncoming vehicles.
Some of the most common dangers include:
- Potholes, cracks, and uneven pavement.
- Faded center and shoulder lines.
- Broken and missing road signs.
- Missing or insufficient guardrails.
- Road surface washouts.
- Overgrown shrubs, trees, and weeds that block a driver’s vision.
- Roads and bridges with dangerous designs.
- Dangerous drop-offs.
- Narrow street lanes.
When a government agency responsible for road safety fails in its duty, it should be held accountable for the damages that result.
When Government Agencies Are Negligent
To prove negligence against a government entity, you must establish a clear connection between the poor road condition and the cause of the accident. Additionally, you must be able to prove that the government knew or should have known of the dangerous condition and failed to act to remedy it. That generally requires proving that the condition had existed for a sufficient period before the accident occurred.
If the dangerous condition had just occurred, such as a washout from a recent weather event, the government entity would not necessarily have had time to discover and address the condition. However, if the pothole, dangerous dropoff, or other condition has existed for weeks, the government is more likely to be found negligent.
You need a car accident lawyer with the experience and skills necessary to investigate your accident and uncover the evidence needed to build your strongest case. At Meyers & Flowers, our attorneys carefully examine the facts of each accident, take fast action to help preserve evidence, and uncover the facts to help prove negligence.
How a Lawsuit Against a Government Agency Differs From Others
The Court of Claims Act governs claims against the government in the state of Illinois. Claims against a government agency involve different procedures than most other cases.
Before filing a lawsuit against a government agency, you must first give them notice within one year of the accident. You would present the agency with your evidence and a demand for a specific amount of compensation, giving the agency a chance to respond before filing suit. If you do not file a notice with the agency on time, you will be barred from seeking recovery.
Additionally, the Court of Claims generally caps damages at $2 million. However, if a case involves a state-owned vehicle being operated by a state employee, the cap does not apply.
In cases involving poor road conditions, you need an experienced car accident lawyer with experience filing claims against the government.
Contact an Experienced Accident Attorney Today
If you have been injured in an accident caused by poor road conditions, you may be able to recover compensation from a negligent government agency. However, these claims differ significantly from claims against other defendants. You need the assistance of a lawyer with a proven record of success in handling claims against the government.
At Meyers & Flowers, our attorneys have the experience to help you recover maximum compensation for your accident. Call (630) 576-0528 or visit our contact page and schedule a free consultation.