Legal Question in Traffic Law in Illinois
My wife was in a car accident on a country road. She hit black ice on a turn and lost control and flew off into a large ditch/creek. Minutes after this another truck flew off coming around from the opposite direction. The tow truck company informed me that they pull cars out of there weekly. Is the city/county/state liable for any damages?
1 Answer from Attorneys
The basic rule in situations like these is whether the governmental unit responsible for this stretch of road had been on notice of the condition for enough time that they should have been out there salting it down, and then even if they had, it might not have been enough. Proving such things would be very difficult. If you are able to get your insurance company to cover the damages, however, and all you are stuck with is the deductible on the car damage, most likely it would be your insurance company deciding whether or not to attempt to seek liability from the governmental unit, which again is most unlikely, but as the insurance company would "subrogate" to your claim upon payment to you, it really would be their decision.
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