There are countless dangers when driving a vehicle in Illinois. You never know when somebody will run a red light or get distracted by their phone, causing a car accident. These types of accidents are frustratingly common. The only positive note with these types of accidents is that it is usually clear who was at fault for the collision.
However, there is another type of accident where determining liability can be a lot more difficult. When a road hazard causes a car accident, it isn’t always obvious who is responsible.
In some circumstances, you or another driver may be responsible for an accident involving a road hazard. However, the state or local government may also be liable, depending on the situation. Understanding who is responsible is the first step to properly filing a claim for accidents caused by road hazards.
Liability in an Accident Caused by a Road Hazard
The negligent party (or parties) is liable for your injuries in a car accident. Four elements are used to determine whether a party is negligent. They are:
- Duty of care
- Violation of that duty
- Causation
- Damages
The last element applies equally to all parties in a road hazard accident. If you suffered injuries that resulted in financial losses or expenses, you have suffered damages. The other three elements will then determine whether a party is partially or fully liable.
Other Drivers
Other drivers on the road have a duty to drive in a way that decreases the likelihood of an accident. This means they should follow all driving regulations and pay attention to what is going on around them.
Violations of this duty usually involve violations of state driving statutes. For example, if another driver runs a red light, they have violated this duty of care. However, drivers can also violate their duty in ways that aren’t infractions of the rules.
When there is a visible hazard on the road, other drivers are expected to take reasonable precautions to prevent that hazard from causing an accident.
For example, if there is ice on the road, they should slow down to avoid losing traction. If an avoidable road hazard causes an accident, the driver who failed to take appropriate precautions is at fault.
Local or State Governments
Either state or local governments maintain public roadways in Illinois. These entities have an obligation to ensure the roads they maintain are safe for use. This means they need to assign personnel to inspect the roads and correct hazards when they appear.
If the appropriate government entity fails to remove a danger, it may be responsible for an accident. For example, if a large pothole forms in a state road, the state should fix it quickly. If it fails to repair the hazard, you may be eligible to file a lawsuit against the state for its negligence.
How to File a Claim in Illinois
Before you file any type of claim in Illinois, you should reach out to a personal injury lawyer. Insurance companies may play hardball when a road hazard is involved in an Illinois car accident.
An experienced personal injury attorney will determine which parties are liable and gather evidence to support this claim.
If another driver is responsible, you can file an insurance claim against the liability policy of the at-fault driver. Your claim should include evidence of how the other driver failed to take appropriate caution in the face of an avoidable hazard.
Depending on the circumstances, you can also pursue a lawsuit against the driver. A similar standard applies to the evidence you need to pursue a lawsuit as it does to an insurance claim.
Filing a Claim Against the Government
If you seek to file a claim against the government, you need to jump through additional hoops. You need to give the state written notice of your claim within one year of the date you were injured. This notice of claim is not required for claims filed against non-government parties.
If the government agrees with your claim, it will pay you compensation without a court fight. However, if it disagrees, you need to file a lawsuit, which would most likely be in the Illinois Court of Claims. While the state is immune to certain types of liability, it can be sued for personal injury claims.
Want to Know More? The Law Offices of Glenn & West, LLC Has Answers
If you were injured in an accident caused by a road hazard in central Illinois, an experienced attorney may be able to help you get compensation. Get started by scheduling a free consultation with the attorneys at our Nokomis or Litchfield offices. Protect your rights after an accident by contacting our team today.
