Can You Sue the City of Chicago for Dangerous Road Conditions After a Crash?

Every day, there are car accidents in Chicago due to dangerous road conditions. Sometimes these accidents are due to someone’s negligence, but other times it’s because the City of Chicago failed to maintain safe roads. When this happens, survivors may be entitled to a claim against the city. Read more below to learn about these claims from a dedicated Chicago dangerous road accident lawyer.

What are dangerous road conditions in Chicago?

The City of Chicago has a duty to maintain its roadways in a reasonably safe condition for their intended and permitted users. Due to wear and tear, severe weather, or other reasons, sometimes roads become dangerous (Illinois law, however, provides specific immunity for injuries caused by the effects of weather conditions themselves). Examples include:

Potholes

Potholes can cause serious damage to a vehicle or even a crash. Potholes form from regular driving and weather that erodes the pavement. A pothole can cause someone to lose control of their vehicle, damage suspension, or create misalignment.

Poor signage

Chicago residents who have lived in the city for their entire lives may know a curve is coming up, but the lack of signage puts drivers unfamiliar with the area in danger. The City of Chicago is responsible for maintaining road signs to keep drivers safe. However, Illinois law provides immunity for certain claims based on the failure to initially provide a traffic-control or warning sign.

Poor road design

Poor road design contributes to many accidents each year. Factors that result in poor road design include sharp curves, blind spots, inadequate lighting, and narrow roads. However, Illinois law provides immunity for certain approved road designs, subject to statutory exceptions.

Eroded shoulder

An eroded shoulder can cause accidents due to the sudden drop-off where the shoulder once was.

Obstructions

Obstructions from construction can cause dangerous road conditions, too. Drivers may not see something until it’s too late and they’ve run over it, causing them to lose control. Or drivers may have to swerve quickly to avoid equipment or other obstructions, which can result in a crash.

Malfunctioning traffic signals

A malfunctioning traffic signal can create chaos on roadways. Many people do not know how to handle this kind of situation, which leads to crashes and injuries. This can be especially dangerous for pedestrians who have to walk across roadways.

Considerations when filing a claim against the City of Chicago:

There are special considerations when filing a claim against the City of Chicago:

Administrative claim

Injured parties may submit an administrative claim to the City, but Illinois law does not generally require a separate notice of claim before filing suit. A civil action against a local public entity generally must be commenced within one year. An administrative claim must include personal details, contact information, and information about the accident. Injured parties are expected to include estimated damages in the claim. Administrative claims must be filed with the appropriate offices.

Willful and wanton conduct

Some provisions of the Tort Immunity Act require proof of willful and wanton conduct, but ordinary dangerous-road-condition claims under Section 3-102 generally apply an ordinary-care standard. In general personal injury claims, negligence must be proven as a key element. Willful and wanton conduct takes it a step further. Willful and wanton conduct generally involves an utter indifference to or conscious disregard for the safety of others.

An example of this would be a large pothole on the road that had caused injuries, flat tires, and more issues for drivers. There are numerous reports from Chicago residents over several months. The city failed to fix the problem, and a claimant was severely injured from an accident caused by the same pothole. This may demonstrate willful and wanton conduct.

Tort Immunity Act

Illinois passed the Tort Immunity Act to establish specific immunities and limitations on liability for local governments. The Tort Immunity Act provides specific immunities and limitations on liability that may apply to lawsuits against the city.

Chicago residents may be barred from recovering for claims involving defamation, misrepresentations or oral promises, and the granting or failure to grant public welfare goods or monies.

What is the timeline for City of Chicago claims?

Claims against a local government entity in Illinois generally have a one-year timeline, although a different timeline may apply to some medical malpractice claims. For car accident claims due to dangerous roads, the timeline is one year.

What evidence is needed?

There are several elements that generally must be established to succeed on a claim:

• Drivers must prove they were intended and permitted users to whom the City owed a duty to maintain a reasonably safe roadway.
• Drivers must prove a dangerous condition existed on the roadway.
• Drivers must prove that the City of Chicago had actual or constructive notice of the dangerous road condition.
• Drivers must prove the road condition was the proximate cause of the injuries sustained.

An experienced Chicago dangerous road accident lawyer understands how to gather the required elements and evidence to support each. We encourage anyone with questions to reach out to request a free consultation.

What damages are available from the City of Chicago?

There is no guaranteed compensation for any claim against the City of Chicago. In general, lawyers fight for the following compensation:

• Current and future medical expenses
• Property damage
• Lost wages
• Future earning capacity
• Pain and suffering

Compensatory damages are not generally subject to a special Tort Immunity Act cap. Claimants cannot recover punitive damages from the City itself. It’s important that anyone wondering about damages speak to an experienced Chicago lawyer to learn more.

How can a Chicago dangerous road accident lawyer help clients?

Chicago dangerous road accident lawyers help clients to build and strengthen their claim. Lawyers understand the nuances that come with a claim against a local government, so they guide their clients to make sure legal timelines and requirements are met. Chicago lawyers also advocate for their clients and negotiate with insurance companies on their behalf.

Contact Gainsberg Injury and Accident Lawyers today for a free case review

A claim against the City of Chicago can be a challenging situation for survivors. The city has a duty to maintain its roads in a reasonably safe condition for their intended and permitted users, and when they fail to do so, claimants may be entitled to compensation. At Gainsberg Injury and Accident Lawyers, we offer free case reviews to understand your specific situation. Contact us today to request an appointment to learn your legal options.