We have all driven over a deep pothole and thought, “Holy cannoli!” then mumbled something vague to our passenger about how the car‘s alignment is off now. But bad roads are no joke. A defective road accident is a collision resulting from a road defect or hazard near or on the roadway. Hazards can encompass almost any condition or issue on the road that creates an unsafe or dangerous situation for drivers. Therefore, when an accident occurs as a direct result of one of these hazards, the accident can be considered a defective road accident.
What Are Road Defects and Their Associated Dangers?
Drivers can experience any of the following types of road defects or hazards in Illinois:
Potholes
Potholes may seem like a minor irritant or inconvenience, but they are one of the most dangerous road defects for drivers. Potholes are the most common road defect; about 44 million U.S. drivers suffered vehicle damage from potholes in 2022. The issue is so prevalent here that in 2023 AAA issued a warning to Illinois drivers to watch for potholes.
Potholes can cause serious damage to your car’s tires and axles, leading to you losing control of your vehicle. Swerving to avoid potholes is equally as dangerous as you can hit cars in neighboring lanes or lose control of the vehicle in slippery weather conditions.
Missing or Faded Highway Lane Markings / Obstructed Traffic Lights or Signs
Missing or faded traffic indicators can cause a variety of accidents. When lines or signs are obscured, it is difficult for drivers to know anything fromspeed, if they need to stop, or even where their lane begins and ends.
Uneven Pavement
Uneven pavement is a particularly dangerous hazard because it can be difficult to see when driving, and it is easy to underestimate the potential damage. Rough pavement is a threat when driving at high speeds because it can cause a loss of control of the vehicle.
Shoulder Drop-offs
Shoulder drop-offs are when there is a significant difference in the heightbetween the road and the shoulder. Shoulder drop-offs can be caused by road erosion, construction work, or poor road maintenance. Drop-offs are a common cause of vehicle rollovers.
Water Pooling
Water pooling caused by inadequate drainage can obstruct your vision of the roadway and cause hydroplaning, in which you lose control of your vehicle.
Who Is to Blame for Defective Road Accidents?
Government entities are generally responsible for maintaining and repairing roadways to protect drivers. Depending on the type of road or location, the responsibility for road maintenance could be the city or county government or the state of Illinois itself.
Under the Illinois Court of Claims Act and the Local Government and Governmental Employees Tort Immunity Act, you can file a legal claim against the relevant government agency if you are injured in a defective road accident.
How to Pursue a Legal Claim Against the Government
Pursuing a lawsuit against the government in Illinois is a multi-step process and can be complex. The process begins with identifying the correct government entity to pursue and providing notice of the claim to that entity. The notice period required in Illinois depends on if you are filing suit against a local or state entity.
Once the government entity receives notice, it will conduct its own investigation into the accident. After completing its investigation, the entity will either try to negotiate a settlement or go directly to court. In Illinois, claims against the government are usually, but not always, filed with a special court, the Illinois Court of Claims.
Considering how complicated filing a claim against the government is, you do not want to go in alone. At Cullotta Bravo Law, we know all the intricacies of filing a lawsuit against government entities in Illinois indefective road accidents. We are here to help you navigate the process and get the best possible outcome for you – we always go above and beyond for our clients.
Contact Us Today for a Free Consultation About Your Defective Road Accident Case in Illinois
If you have been in a defective road accident, a skilled attorney from our firm will handle every aspect of your case and fight to secure you the best compensation possible. Call Cullotta Bravo Law today at 630-898-7800 or contact us online for a free consultation.
