When winter turns to spring, the pothole season begins. The freeze-thaw cycle wreaks havoc on roadways, creating hazardous conditions for drivers. Potholes can cause significant vehicle damage and lead to accidents, putting drivers, passengers, and pedestrians at risk. But who is responsible when damaged roads cause harm?
How Potholes Cause Accidents and Injuries
Potholes form when water seeps into cracks in the pavement, freezes, and then expands. As temperatures rise, the ice melts, leaving voids that weaken the road. The weight of passing vehicles further exacerbates the problem, eventually creating deep craters. During pothole season, these hazards are more common, increasing the likelihood of motor vehicle accidents.
Potholes can cause various accidents, such as:
- Drivers losing control of their vehicles after hitting a pothole at high speed.
- Damage to tires or suspension systems that lead to mechanical failures and crashes.
- Motorcyclists and bicyclists sustain severe injuries from abrupt jolts or falls caused by potholes.
The injuries resulting from these accidents can range from whiplash and sprains to broken bones and traumatic brain injuries. The financial and emotional toll of such accidents makes understanding your legal options essential.
Who Is Liable for Pothole Accidents?
Liability for accidents caused by potholes often depends on where the accident occurred and who is responsible for maintaining the road. Here are the primary parties that may be held accountable:
Responsibility of Government Entities
State and local governments have a duty to maintain safe roadways. This includes repairing potholes in a timely manner. When a government entity fails to address a known hazard, it can be held liable for accidents caused by its negligence. However, proving government liability can be challenging. You’ll need to show that the entity knew about the pothole (or should have known) and failed to repair it within a reasonable timeframe.
Private Property Owners
If the pothole is on private property, such as a parking lot or private road, the owner is responsible for its maintenance. Property owners who neglect to repair hazardous conditions may be liable if their negligence causes an accident.
Shared Responsibility
In some cases, the injured party may share responsibility for the accident. For example, if a driver was speeding or distracted when hitting a pothole, their actions could partially contribute to the incident. Illinois follows a modified comparative negligence rule, which means your compensation may be reduced if you are partially at fault.
Challenges in Filing a Claim for Pothole Accidents
Filing a claim for a pothole-related accident can be complex. Here are some common challenges:
Filing Deadlines
When filing a claim against a government entity, you must act quickly. Before filing a lawsuit, you must file a notice of claim within 1 year of the date of the accident. Additionally, the time period for filing a personal injury lawsuit (the Statute of Limitations) is 2 years from the date of the accident.
Evidence Collection
To build a strong case, you’ll need compelling evidence. This includes:
- Photos or videos of the pothole and accident scene.
- Documentation of your injuries and vehicle damage.
- Witness statements.
- Police reports.
Proving Negligence
Establishing that the responsible party acted negligently is critical. This often involves showing that the entity knew or should have known about the pothole and failed to repair it promptly. A personal injury lawyer can gather and present the necessary evidence to strengthen your claim.
Steps to Take After a Pothole Accident
If you’re involved in an accident caused by a pothole, take the following steps:
- Pull over safely and assess your injuries.
- Call the police to report the accident and obtain an official report.
- Document the scene with photos of the pothole, your vehicle damage, and any visible injuries.
- Gather contact information from witnesses.
- Seek medical attention, even if you feel fine initially.
- Contact a personal injury attorney to evaluate your case and guide you through the claims process.
How Stein & Shulman Can Help
Pothole accident claims can be challenging. Don’t go it alone. Trust Stein & Shulman to handle all the details so you can focus on recovering. We will work tirelessly to recover damages for medical bills, property repairs, lost wages, and pain and suffering.
With a proven track record of success and a client-focused approach, we’re here to support you every step of the way. If you’ve been injured in an accident caused by a pothole, don’t wait to seek help. Contact our office today for a free consultation.
