Winter conditions, snowplows, buses, disabled cars, and emergency vehicles bring increased traffic, and distractions, to our winter driving. And, the freezing and thawing of wet roads result in potholes. Dangerous potholes.
The road itself becomes a threat to cause tire blowouts, wheel damage, accidents, and injuries. Last year, the City of Chicago reportedly filled 108,000 potholes, though not quickly enough to prevent the more than 11,706 claims that were filed in the first months of 2018. Of the more than 12,000 claims filed for the year, the city only approved 1,106.
As an attorney, every day I am personally involved in fighting for those who are injured as a result of the negligence of others. Injuries from car accidents can be severe and life-changing. And, potholes on our streets not only damage cars, but they also cause accidents when drivers lose control after hitting them or swerve to avoid them.
Liability When Potholes Cause Accidents
All car accidents are scary. When one is caused by hitting a pothole and losing control of the vehicle, the chain-reaction is swift and frightening. The noise, the sudden impact, and the resulting collision send your heartbeat racing.
Anyone injured in an automobile accident has the right to receive compensation from the at-fault, negligent driver. And, when other parties or factors significantly contribute to the accident and related injuries, those parties may also be negligent and have liability.
Determining liability in tire blow-out accidents is often more complex and requires the attention and advice from an experienced personal injury attorney.
Negligence and liability for an accident from hitting a pothole may apply to 3 independent parties: the driver, the maker/installer of the wheel/tire, and the local municipal authority responsible for maintaining the pavement in a safe condition. The negligence of any, or all, of these, may be involved in determining the appropriate compensation for the injured party.
Driver Liability. If you are a victim and injured in an accident where a driver lost control of his or her vehicle after striking a pothole, your car accident attorney will pursue compensation from the driver – medical expenses, loss of income, as well as repairs to your vehicle.
Product Liability. The driver that experienced the tire blow-out may have a liability claim against the manufacturer or installer of the tire and wheel. The tire may have been defective – and subject to a blowout following relatively minor impact – or, it may have been improperly installed. An experienced product liability attorney can investigate the matter and advise
the driver on the merits of pursuing a product liability claim.
Municipality. Chicago and surrounding municipalities are legally responsible to repair and maintain roads and ensure that they are free of defect or damage. Here, too, and experienced personal injury attorney can investigate, evaluate the situation, and recommend appropriate action. In most situations, an attorney must prove that the city or municipality had knowledge (or should have known) of the pavement defect and were negligent in failing to remedy the dangerous road (pothole) condition.
We Help Victims.
The Attorneys at Friend, Levinson & Turner Law are knowledgeable and expert in representing those injured in car accidents. We help you avoid mistakes that may weaken your case. We also help you keep track of your medical treatment, ensure that no legal deadlines are missed, advise you of realistic compensation, and keep your case moving forward.
Auto accidents involving injuries are complex – especially if there may be other parties whose negligence may have contributed to the accident and have liability. Insurance companies rely on professional adjusters to negotiate. In order to deal with these professionals, you need a highly-trained, skilled attorney to protect your rights. We know your rights and the applicable laws. We are your advocates. We are experts at negotiating with powerful insurance companies. Experience counts.
We make the legal process as stress-free as possible. We focus on recovering compensation for you – while you focus upon your physical recovery. If you or a loved one is injured in an auto accident, please call my office or email.
If you or a loved one is injured or a victim of the negligence of others, please call my office at 312-346-8465 or contact us using the form below.
