Can I Sue If a Pothole Causes a Car Accident in Illinois?

 Posted on July 07, 2025 in Car Accidents

Unexpected road hazards can cause serious car accidents in an instant. A pothole, missing guardrail, or poorly marked construction zone may seem like minor issues until your car hits them at full speed. If you were hurt in a crash and believe a dangerous road condition was to blame, consult with a knowledgeable Glenview, IL personal injury lawyer to understand whether you can take legal action.

As of July 2025, injury victims across Illinois may be able to file personal injury claims against the government agency or contractor responsible for designing, building, or maintaining the road where the accident occurred. These cases can be complicated, but a skilled attorney can help you build a strong case for compensation.

Who Is Responsible for Maintaining Illinois Roads?

Public roads in Illinois are maintained by local, county, or state governments. This means your potential claim could be against the Illinois Department of Transportation (IDOT), the Cook County Department of Transportation and Highways, a local municipality, or a private contractor working under a government contract.

If a road hazard, such as a large pothole, missing sign, eroded shoulder, or unmarked construction site caused your crash, you may be able to sue the responsible party for negligence. However, there are strict requirements for suing a government entity in Illinois.

What Makes a Road Hazard Claim Valid?

For your road hazard case to succeed, you must prove that:

• The hazard existed and caused your accident.

• The government or contractor responsible for the road either created the hazard or failed to fix it in a reasonable amount of time.

• Your injuries and financial losses were a direct result of the crash.

If your car flipped after hitting a sinkhole that had been reported to the city weeks earlier but never repaired, you could potentially file a claim. On the other hand, if a tree suddenly fell on your car in a storm and there was no way the city could have prevented it or addressed it before it became a hazard to you, you may not have a strong case.

Are There Deadlines for Filing a Road Hazard Claim in Illinois?

Claims against the government have very short timelines. Under the Illinois Court of Claims Act, you typically have just one year to file notice of a claim against a state agency. For local governments, you may have up to one year to file a lawsuit under the Local Governmental and Governmental Employees Tort Immunity Act, but specific deadlines vary.

If you miss these deadlines, you may lose your right to compensation. That is why it is critical to speak to an attorney as soon as possible.

What Compensation Can I Recover?

If your claim is successful, you may be able to recover damages for medical expenses, lost income, pain and suffering, or property damage. Accidents involving road hazards may also involve multiple vehicles, making the case more complex. Your attorney can help identify all responsible parties and sources of compensation.

Contact a North Shore, IL Car Accident Lawyer

If a dangerous road condition caused your car crash, do not wait to get help. Contact a Northbrook, IL personal injury attorney at Gruzmark Law, Ltd. today for a free consultation. We are here to listen, investigate, and help you take the right next steps. 

Many people in Cook County speak Russian or Mongolian, and at Gruzmark Law, Ltd., we are proud to offer legal services in both languages to ensure every client is understood and supported. Call us at 847-729-7660.