Winter conditions, snow plows, buses, disabled cars, and emergency vehicles bring increasing traffic, and distractions, to our winter driving. And, the freezing and thawing of wet roads results in potholes. Dangerous potholes. The road itself becomes a threat to cause tire blowouts, wheel damage, accidents, and injuries.
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, they cause accidents when drives lose control after hitting them or swerve to avoid them.
Liability When Accidents Caused by Potholes.
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 sends 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 manufacture 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.