Any Chicago driver understands the danger of potholes — whether you’ve swerved to avoid a crater that suddenly appears on the road in front of you, experienced an extremely bumpy ride from a range of smaller potholes, or observed the constant summertime road work to repair the winter’s damage. And while potholes are as much of a part of Chicago’s landscape as the Buckingham Fountain, there is a difference between potholes that are a nuisance and those that are a danger.
Consider the case of a 43 year-old man who was severely injured in a Chicago motorcycle crash after his vehicle hit a large pothole. He filed a personal injury lawsuit against the City of Chicago, which recently settled for $3.25 million.
The plaintiff’s complaint alleged that the roadway condition near the 900 block of S. Western Avenue was dangerous due to the large pothole that existed in the area prior to his September 2000 motorcycle accident. At the time of the motorcycle crash the decedent was riding along the roadway when his motorcycle went into an open pothole. He was thrown from his bike and sustained traumatic injuries, including loss of vision in his right eye and paralysis of his right arm.
The City of Chicago was involved in the lawsuit due to its duty to maintain city roadways. The lawsuit alleged that the City had been negligent in its maintenance of the roadway and that this negligence was the cause of the plaintiff’s Chicago motorcycle accident.
Prior to his accident the plaintiff had been employed as a nightclub security guard, but has been unable to return to work since his motorcycle accident due to the severity of his injuries. The case was settled prior to going to trial when the City of Chicago approved the several million dollar settlement.
Kreisman Law Offices has been handling Illinois motorcycle accident lawsuits and Chicago car accident cases for over 30 years, serving those areas in and around Cook County, including Skokie, Oak Park, Berwyn, and Oak Lawn.