Is the City Liable if I Wreck My Car Because of Bad Road Conditions?

 Posted on September 02, 2026 in Car Accident

Potholes, debris, and other obstructions can do a lot of damage not just to vehicles, but to people. If you were injured in an accident caused by a pothole or other road condition, you may have a legal claim against whoever is responsible for the road.

Claims against a government body have different rules than an ordinary car accident claim, and you generally have less time to file a lawsuit. Because of this, it is a good idea to talk to a lawyer quickly if you think a city or another local government was responsible for your accident in 2026. A Schaumburg car accident attorney can review what happened and explain your options.

When Can a City Be Held Responsible for a Bad Road in Illinois?

A local government generally has a duty to use reasonable care to keep its roads safe for drivers who are using them as intended. But the city is not automatically responsible every time a pothole or another road problem causes an accident. 

In many cases, you must show that the city knew about the dangerous condition or should have known about it in time to do something about it. This is known as actual or constructive notice  (745 ILCS 10/3-102). 

Actual notice means the city was directly told about the problem. Constructive notice means the problem was there long enough, and was noticeable enough, that the city should have found it through a reasonable inspection.

What Road Problems Count as a Dangerous Condition in Illinois?

To be considered dangerous, a hazard usually has to be serious enough that it could cause harm. Conditions that can support a claim include:

• Large potholes or broken pavement in a travel lane

• A guardrail or other safety device that was already installed but was damaged and not repaired

• An existing traffic sign that became damaged or was not properly maintained

• Standing water caused by a broken or poorly maintained drainage system

• Debris or equipment left in the road by a government crew

• Pavement that drops off sharply at the edge of the lane

If you want to bring a claim against a city for any of the above, you will also need to show that the dangerous condition played a direct role in your crash and injuries.

How Do You Prove an Illinois City Knew About a Road Hazard?

Whether a city had adequate notice of the hazard’s existence plays a big role in how claims proceed. Your attorney can request the city’s records to look for earlier complaints about the same location. Many towns track road problems through a 311 line or an online form.

How long the problem had been there also matters. Photos, dashcam footage, witness statements, and dated images of the area can help show that the dangerous condition existed before the accident.

What Limits Apply to Claims Against an Illinois Government Body?

The Tort Immunity Act gives local governments several protections. For example, under 745 ILCS 10/3-104, a city usually cannot be held responsible simply because it failed to put up a traffic sign, signal, or warning device. However, different rules can apply when a city already installed a traffic device and then failed to properly maintain it.

Deadlines for claims against government bodies are also shorter than in other claims. You generally have one year to file a lawsuit under 745 ILCS 10/8-101. That is shorter than the two-year deadline that applies to many other Illinois personal injury cases. Missing the deadline can prevent you from recovering compensation.

What Should You Do After an Accident Caused by a Road Defect?

If you can do so safely, photograph the road defect from a few angles with something for scale. Note the exact spot along with the date and time. Call the police so there is an official report. Ask nearby residents whether anyone had already complained about the hazard.

See a doctor even if you feel fine at first. Medical records connecting your injuries to the accident are valuable evidence.

Call an Arlington Heights, IL Car Accident Attorney Today

Our Schaumburg personal injury lawyers understand that claims against an Illinois government entity are often more technical than other injury claims. Newland & Newland, LLP is a team of local attorneys who care about these communities and the people in them. Our attorneys have many decades of combined experience and have recovered millions of dollars in verdicts and settlements for injured clients.

Call 847-797-8000 today for a free consultation on your case.