How to Prove a Pothole Caused Your Injuries

 Posted on May 13, 2024 in Personal Injury

If you have been injured because of a pothole, you may be entitled to compensation from the government entity responsible for maintaining the road. However, proving that a pothole caused your injuries can be challenging. An Illinois lawyer can discuss the steps you can take to build a strong case and secure the compensation you feel you deserve.

Gather Evidence at the Scene

If you are able to do so safely, collect evidence at the scene of the accident. Take photos of the pothole, your injuries, and any damage to your vehicle. If there are witnesses, ask for their contact information and see if they are willing to provide a statement about what they saw. This evidence will be crucial in establishing that the pothole caused your accident and injuries.

Seek Medical Attention

Even if your injuries seem minor, it is important to seek medical attention as soon as possible after the accident. Not only will this ensure that you receive the treatment you need, but it will also create a record of your injuries that can be used as evidence in your case. Be sure to follow your doctor’s orders and attend all follow-up appointments.

Report the Pothole

Government entities are responsible for maintaining the roads and can be held liable for injuries caused by potholes and other defects. However, to hold them accountable, you must report the pothole within a certain timeframe. For state-maintained roads, you have one year from the date of the accident to file a claim with the Illinois Court of Claims. For locally-maintained roads, you must file a notice of claim within one year of the accident with the appropriate government entity.

Prove Negligence

To recover compensation for your injuries, you must prove that the government entity was negligent in maintaining the road. This means showing that the pothole posed an unreasonable risk of harm and that the government entity knew or should have known about it but failed to repair it within a reasonable timeframe. Your attorney can help you gather evidence to establish negligence, such as maintenance records, prior complaints about the pothole, and expert testimony.

Demonstrate Damages

You must demonstrate the extent of your damages to recover compensation. This includes not only your medical expenses and lost wages but also your pain and suffering, emotional distress, and other non-economic damages. Your attorney can help you document your damages and build a strong case for potential full and fair compensation.

Contact a Rolling Meadows, IL Personal Injury Lawyer

Proving that a pothole led to your injuries requires gathering evidence, reporting the pothole, and consulting with an Arlington Heights, IL personal injury attorney. By taking these steps and building a strong case, you can hold the responsible government entity accountable. Call Newland & Newland, LLP at 847-797-8000 for a free consultation.