Can You Sue for Poor Road Conditions That Caused a Collision?

 Posted on March 25, 2025 in Personal Injury

In 2024, Illinois earned the dubious title of the fifth-worst state for car crash deaths related to poor road design. Poor road conditions were also a significant factor in car accidents across the state. While driver negligence is the leading cause of car collisions, other issues like poor road conditions can either be a contributing factor or cause an accident outright.

You may have heard that city, county, state, and federal government agencies are immune from lawsuits. This is not true, although the procedure and the time limits differ from lawsuits against another driver.  Clear negligence regarding roadway design or maintenance can be used as grounds for a claim against a government agency.

There is often a higher burden of proof in showing clear negligence on the part of a government agency than in a "normal" car accident involving another driver. If you were involved in a car accident caused by poor roadway design or maintenance, it is important to speak to an experienced Bloomingdale, IL personal injury accident attorney.  

What Types of Poor Roadway Maintenance Can Lead to Auto Accidents?

Some of the most prevalent issues related to poor roadway maintenance that can result in an auto accident include:

• Potholes, uneven pavement, or large cracks in the road that go unrepaired
• Missing or damaged guardrails
• Signage that fails to tell motorists what to expect
• Surface washouts
• Faded center lines or shoulder markings
• Broken or missing stop signs, yield signs, or stop lights
• Overgrowth of trees, bushes, or other obstructions that block a driver’s vision

Roadway design issues that could potentially cause an auto accident include unreasonably narrow lanes, poorly designed bridges and overpasses, and dangerous shoulder drop-offs.

How is Negligence Proven Against a Government Agency?

There must be a clear paper trail showing that the government agency failed to act and that the failure to act was responsible for an auto accident. For example, if a pothole existed in a specific area for weeks or even months and continued to worsen, it is highly likely the city, county, or state entity in charge of the road had received complaints yet neglected to take action to fix the pothole.

In this instance, the government entity would be responsible for accidents and injuries directly related to the pothole. If a roadway issue just occurred and the government entity has not had an opportunity to fix the issue, then they are unlikely to be held responsible for an accident.  

States, counties, and cities typically maintain roads, with multiple agencies sharing responsibility in some instances. The city might be responsible for snow removal on some roadways, while the state could be responsible for road repairs like filling potholes.

Establishing a Link Between the Poor Road Conditions and the Responsible Agency

It must first be established that poor road conditions caused the auto accident. Next, it must be shown that the poor road conditions were the result of negligence. Negligence must then be directly tied to the responsible government entity. It must be clear that the government entity was aware of the poor road conditions and had plenty of time to make repairs, yet failed to do so. If the entity placed warning signs regarding the issue, it likely cannot be held responsible.  

How is Suing a Government Agency Different?

There is a notice requirement process that should be completed prior to filing a lawsuit. Evidence must be presented with the requested amount of compensation within the short notification timeframe of one year. The bottom line is that while government entities do have sovereign immunity that protects them from lawsuits, in most cases, if negligence is present, these entities can be sued for damages. States usually have a "cap" that limits financial recovery in a lawsuit against the state. In Illinois, the Court of Claims limits financial recovery to $2 million in most tort cases.  

Contact a DuPage County, IL Personal Injury Lawyer

If you have been involved in an accident caused by the negligence of a government agency, a Naperville, IL personal injury attorney from Mevorah & Giglio Law Offices can help. We have three offices (Lombard, Bloomingdale, and Naperville) and offer Saturday and evening appointments for your convenience. Call 630-932-9100 to schedule a free case evaluation.