Can I Sue If a Pothole Caused My Bike Crash in Chicago?

Poor road conditions, including potholes, can cause bicycle accidents that result in serious injuries. If you’re wondering, can I sue the government if a pothole caused my bike crash, the answer depends on whether the state or local government was negligent in maintaining the road. If a Chicago cyclist is injured due to a neglected bicycle lane, the city may be liable. Our bike accident attorneys in Chicago can help injured victims explore their legal options and pursue a personal injury claim.

Governmental Immunity in Illinois: A Major Hurdle

Due to sovereign immunity laws, filing a personal injury claim against a government entity in Illinois can be challenging. While the state and local governments maintain protections against lawsuits, some exceptions allow injured victims to hold them accountable under specific circumstances.

Understanding these laws is critical when pursuing a claim for bicycle accidents caused by poor road conditions.

What is Sovereign Immunity?

Sovereign immunity is a legal doctrine that prevents individuals from suing the government without its consent. This protection applies to both the state of Illinois and local government agencies, limiting their liability for accidents on public property, including bike lanes and roadways.

However, exceptions exist when a city fails to maintain a bicycle route properly or neglects known road surface hazards. An injured cyclist may have legal grounds to sue in these cases, but strict Illinois law requirements must be followed when filing a claim.

The Illinois Court of Claims Act

Illinois has waived sovereign immunity in certain situations through the Court of Claims Act (705 ILCS 505/), which establishes rules for suing the state. If a bicycle accident occurs due to a pothole or poorly maintained road, the injured party may file a claim against the state for medical expenses, lost wages, and property damage.

However, these cases must be filed in the Illinois Court of Claims rather than the district court and follow strict procedural rules. If the claim involves a government entity such as the Chicago Department of Transportation, a personal injury lawyer can help navigate the legal process.

The Local Governmental and Governmental Employees Tort Immunity Act

The Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) protects cities, counties, and public employees in accidents involving local governments. This law shields municipalities from liability in many situations, particularly when bicycle crashes occur due to unreported or unfixed road conditions.

However, exceptions exist when a city fails to maintain dedicated bike lanes properly or neglects known hazards. A Chicago cyclist may pursue a claim if they can prove that the government entity was aware of the danger and did not take action to fix it.

Notice Requirements: Strict Deadlines for Filing a Claim

Suing the government in Illinois requires compliance with strict notice requirements. Unlike standard personal injury law (735 ILCS 5/13-202), which allows up to two years to file a claim, claims against the state or a city liable for negligence must be filed much sooner.

• Claims against the State of Illinois: Must be filed with the Illinois Court of Claims within one year of the accident.
• Claims against local governments: Injured cyclists must provide written notice within one year of the accident, including details about the accident scene, the plaintiff’s injuries, and the liable party.

If you miss these deadlines, you may lose your right to pursue financial compensation. Consulting an experienced personal injury lawyer ensures the claim is filed correctly and on time.

Establishing Liability: Proving Negligence in a Pothole Case Against the Government

To successfully sue a government entity for a bike accident caused by a pothole, an injured cyclist must prove negligence by establishing four key elements:

• Duty of Care: The city or state has a legal duty to maintain safe road surfaces, including bike lanes and designated bicycle routes. Government agencies must regularly inspect and repair hazardous conditions.
• Breach of Duty: If a city fails to repair a pothole despite knowing the danger, it may be considered negligent. The Illinois Supreme Court ruled that liability depends on whether the injured party was among the intended users of the roadway.
• Causation: A plaintiff’s injuries must be directly linked to the accident caused by the pothole. Evidence such as traffic camera footage, medical records, and accident scene photos help establish this connection.
• Damages: To recover financial compensation, an injured victim must document medical expenses, lost wages, property, and other damage sustained in the crash.

A Chicago personal injury lawyer can help collect the necessary evidence and present a strong case against the liable party.

Exceptions to Governmental Immunity: When You Can Sue

Although government agencies are often protected by sovereign immunity, exceptions allow injured victims to file a personal injury claim. For example, the city may be held responsible if it fails to repair a pothole despite having clear knowledge of the hazard.

In some instances, Illinois law permits lawsuits against a government entity if its actions—or lack of action—demonstrate willful and wanton misconduct or failure to maintain reasonably safe roads.

Willful and Wanton Conduct

A government agency loses immunity when its conduct is willful and wanton, meaning it recklessly disregards public safety. This applies when officials knew about a hazardous pothole but ignored repair requests, creating a foreseeable danger for bicycle riders.

If the Chicago Department of Transportation was repeatedly informed about a hazardous bicycle lane but did nothing, it may be held liable. Proving willful and wanton behavior requires evidence, such as prior complaints, accident reports, or city records, which a bicycle accident lawyer can obtain.

Failure to Maintain Roads in a Reasonably Safe Condition (with Notice)

The government has a duty of care to keep road surfaces safe for intended users, including Chicago cyclists. If a government entity was aware of a dangerous pothole but failed to repair it within a reasonable time, it may be liable.

For example, if a cyclist files a complaint about a pothole in a dedicated bike lane and the city fails to fix it, the injured party may have grounds to sue. Medical records, witness statements, and accident scene photos can help prove that bike crashes caused by potholes were caused by the city’s negligence.

Steps to Take After a Bike Accident Caused by a Pothole in Illinois

Taking the proper steps after a bicycle accident caused by a pothole can protect your health and strengthen your claim:

• Seek immediate medical attention – Even if injuries seem minor, conditions like spinal cord or other bodily injuries may not be immediately noticeable.
• Report the accident and pothole – Notify the Chicago Department of Transportation or local government responsible for road maintenance.
• Document the scene – Take photos and videos, and gather witness statements to prove the accident occurred due to dangerous road surfaces.
• Preserve evidence – Keep your damaged bicycle, helmet, and torn clothing.
• Keep detailed records – Maintain all medical records, expenses, and lost income.
• Consult an attorney – An experienced lawyer can help determine whether the city is liable and navigate Illinois law to seek financial compensation.

How to File a Claim and Lawsuit Against the Government

Under Illinois law, suing a government entity for a bike crash caused by a pothole requires following strict procedures. Unlike typical personal injury claims, these cases involve additional deadlines and legal hurdles.

Before filing a lawsuit, an injured cyclist must notify the appropriate government agency.

Claims against the state must be filed within one year with the Illinois Court of Claims, while claims against local governments require written notice within one year of the accident caused by the pothole.

If the city fails to repair a hazardous pothole, the injured party can sue the liable party in Illinois district court.

The next phase is the discovery process, which involves gathering medical records, accident scene evidence, witness statements, and traffic camera footage to establish negligence.

The insurance company or government agency may offer a settlement, but an injured victim may pursue a trial to seek financial compensation if it is insufficient.

Compensation You Can Recover

Injured victims of bicycle accidents caused by potholes may recover economic and non-economic damages under Illinois law.

• Economic damages cover medical expenses, including ongoing treatment, rehabilitation, assistive devices, lost wages and earning capacity, and property damage.
• Non-economic damages cover pain and suffering from long-term physical limitations, loss of enjoyment of life if the injury prevents participation in hobbies or daily activities, and emotional distress.

Secure Expert Legal Counsel!

If you were injured in a bike crash caused by a pothole, the attorneys at Rosenfeld Injury Lawyers can help. Our experienced bicycle accident attorneys understand Illinois law and the challenges of suing a government entity.We work on a contingency fee basis, meaning you pay nothing unless we win your case. To schedule a free consultation, call us at (888) 424–5757 or fill out our contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.