What to do if my wife was in a car accident on a dangerouse stretch of country road?

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What to do if my wife was in a car accident on a dangerouse stretch of 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?

Asked on March 25, 2013 under Accident Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Liability may not be as obvious as you may like because it is country road, it would depend on city/county/state/natinal laws and whether this road is part of the city, county, state or national roads. If this is a private road belonging to someone, it will depend on whether there is an easement on this road to the public. You should review the road on an online map to see if it is a city, county or state road and then contact that entity's local counsel/city attorney/state attorney general to file a complaint. It may be the highway department will need to maintain the safety of the roads but it also depends on if your wife was driving according to road conditions or if this is something that is more of an act of god and assumption of risk of driving.


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