Road infrastructure that is not maintained and repaired can be the cause of a fatal crash.
Disturbing findings were released in a recent report by The American Road and Transportation Builders Association (ARTBA), warning that 40% of all the bridges in this country need extensive repair or outright replacement; even more worrisome are the ARBTA findings that a third of the nation’s interstate bridges need to be replaced or repaired.
These bridges are being used daily even though they are in desperate need of repair. In the report, they are defined as being “structurally deficient,” which means one of the key elements of the bridge’s construction is in poor or worse condition.
Illinois Ranks 4th in the Country for the Most Structurally Deficient Bridges
Illinois ranks 4th in the country for having the most bridges deemed “structurally deficient” and the 8th most trafficked “structurally deficient” bridge in the country is in Chicago’s Cook County at I-90,94 Elev Exp over Stewart Ave to 28 Pl.
Indiana Has 30 Structurally Deficient Bridges on Its Interstate Highways Alone
Indiana ranks 15th in the country for having the most “structurally deficient bridges.” Among them are 30 structurally deficient bridges that carry Hoosier traffic along the state’s Interstate Highway System.
Most Congested Bottlenecks in the Nation: Chicago and Gary
According to the American Transportation Research Institute (ATRI), Illinois and Indiana are both recognized as among the top states with the most bottlenecks in the country. Bottlenecks on routes, particularly semi-truck routes, not only delay traffic; bottlenecks can be dangerous and deadly.
In 2019, Chicago’s I-290 at I-90/I-94 interchange ranked as the fourth most congested section of roadway in the country, with Gary’s I-65 at I-80 intersection following close behind as the eleventh biggest bottleneck in the nation.
Bottleneck Crashes
Why do bottlenecks, where traffic is congested and slowed to a snail’s pace, pose a risk of a serious motor vehicle accident? For one thing, congestion impacts the drivers’ emotional state and attitudes. It is stressful and anxiety-producing to be stuck in a bottleneck, especially if you are late for work or school, or you are a trucker driving on a deadline.
Bottlenecks can result in the following risks of a serious accident: (1) road rage as drivers get angry because of extended delays; and (2) distracted driving as drivers use their phones, listen to music, read, put on makeup, etc. Careless drivers, emotionally upset drivers, and distracted drivers are more likely to cause a crash during the bottleneck as well as when traffic begins to move forward past the congested area.
For more traffic safety and congested roadways, see: The Federal Highway Administration’s Report, “Traffic Congestion and Reliability: Trends and Advanced Strategies for Congestion Mitigation.”
Accident Claims for Injuries after Crashes Caused by Failing Road Conditions
When a road or bridge built and maintained by the government is not repaired and maintained, it can become a dangerous condition and the cause of a serious or fatal accident. Some may assume that the government cannot be sued because the 11th Amendment to the United States Constitution extends sovereign immunity to the federal government, as well as Indiana, Illinois, and their counties and municipalities.
Exception to Sovereign Immunity Defense
However, this is a defense that acts as a “general rule” to protect tax dollars. There are exceptions to the sovereign immunity defense against legal liability after an accident. Waivers of this constitutional defense include situations where the government’s negligence (including any of its agents, like road contractors, etc.) has resulted in bodily injury of an accident victim.
When someone has been seriously injured or killed because of factors involving road infrastructure, then the government may be legally held liable for the resulting damages if it is shown that the responsible entity knew (or should have known) of the dangerous condition and failed to fix it in a responsible manner.
Accidents in Indiana and Illinois Due to Road Conditions
These reports of “structurally deficient” bridges and nationally ranked bottlenecks here in the Crossroads of America must be considered as warnings to government officials at all levels that dangers exist and these risks to public safety must be resolved as soon as possible.
The reality that thousands of bridges are in grave need of repair – some to the point that they need to be replaced – is sobering, given the high traffic volumes in our part of the country, particularly the record number of semi-trucks, big rigs, 18-wheelers, and tractor-trailers that traverse our roads on a routine basis.
Anyone who is seriously injured or killed in a motor vehicle accident or truck crash where the road itself contributed to the incident needs to investigate whether or not they have a claim to advance against the government.
These claims are unique not only in their investigation (determining the agencies responsible for care and maintenance, etc.) but also in how they are presented. There may be specific time limits for things like presenting notice of the claim for damages, for instance.
For more, read:
- Fault for A Winter Traffic Accident: Government Liability for Winter Weather Car Crash
- Private Company Claims Governmental Immunity from Liability in Indiana Car Crash
- Why Big Rig Semi Trucks Are So Dangerous To Drivers on Indiana and Illinois Roads
Anyone driving along the roadways of Indiana and Illinois cannot assume that the roads are safe or that the bridges are not dangerously in need of repair. Bottlenecks must be respected as potential danger zones and bridges need to be approached and crossed with concern over their safety status. Please be careful out there!
