Liability for Accidents Caused by Potholes

Potholes are a despised road hazard that are, unfortunately, all too common in and around Chicago. Potholes are caused when the road breaks down due to regular vehicular use, along with the heat and rain of the summertime and the repeated freezing and thawing that occurs during the winter. Although potholes can occur over time naturally, they should not be ignored. If potholes are not repaired, they will continue to worsen and pose a significant hazard for motorists, passengers, and pedestrians.

Not only do potholes put a huge strain on a car’s suspension system and shocks, but they can also result in accidents and injuries. If a pothole is too big, the sudden and unexpected impact of hitting the pothole might cause the driver to lose control of his or her vehicle, resulting in a car accidentMotorcycles are particularly vulnerable to pothole hazards since they weigh less, use only two wheels, and have a narrower base than a car. Motorcyclists can be throw from the bike or be struck by another vehicle on the road when they hit a pothole.

Who Is Liable for Pothole Accidents?

As with other accidents, pothole accidents caused by negligence can result in liability assessed against the negligent driver. Moreover, in the case of pothole accidents, the cities and municipalities responsible for maintaining and repairing the roadway may also be liable.

Determining liable for pothole accidents can be difficult, however, since the plaintiff must prove that the government entity responsible for the roadway knew or should have known of the defect, but failed to fix the pothole. The location of the pothole also impacts liability by determining whether the municipality, county, or state is responsible for maintaining the roadway.

Since assessing and proving liability in pothole accidents is complex and challenging, it is important to consult with a personal injury lawyer who understands the ins and outs of negligence claims.

At Cogan & Power, P.C., our Chicago car accident lawyers have considerable experience representing clients in personal injury lawsuits involving auto accidentstrucking accidents, and motorcycle accidents. As a result of our knowledge, experience, and skill, we are able to analyze potential legal claims for pothole accidents and advise you of your legal rights. If you do have a viable cause of action, we can vigorously pursue your legal claim to get you the compensation that you deserve.

If you or a loved one has been involved in an auto accident caused by a pothole, do not hesitate to contact our office at (312) 477-2500 to receive a free case evaluation. We will promptly launch an independent investigation of the accident to collect and review any available evidence, so that we can assess all potential legal claims. After we have conducted a comprehensive legal analysis, we will vigorously advocate on your behalf to get you the compensation you need and deserve.

If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.