Who’s liable if a speed bump causes an accident?

Motor Vehicles Accidents - January 9, 2025

When improperly designed, poorly maintained, or inadequately marked, speed bumps can contribute to accidents, leading to property damage, injuries, or even fatalities. If you’ve been involved in an accident caused by a speed bump, you may wonder who is responsible for your damages.

At Horwitz, Horwitz & Associates, our Chicago car accident attorneys help accident victims understand their legal rights and pursue compensation. This guide will explore liability in speed bump accidents, Illinois laws that apply, and what steps to take if you’ve been injured due to a hazardous speed bump.

Who is liable in a speed bump accident?

Liability for a speed bump accident depends on several factors, including who installed the speed bump, whether it was properly maintained, and whether the driver was operating their vehicle responsibly. Here are the parties that may be held responsible.

1. Government entities and municipalities

In many cases, speed bumps are installed on public roads by local governments or municipalities. If a speed bump is improperly designed, inadequately marked, or poorly maintained, the government entity responsible for the road may be liable for damages.

However, filing a claim against a government agency in Illinois is more complicated than suing a private party. Under the Illinois Tort Immunity Act, government entities are generally protected from certain lawsuits unless negligence can be clearly established.

To hold a municipality liable, you must prove:

• The speed bump created an unreasonable hazard.
• The government agency knew or should have known about the danger.
• They failed to take reasonable steps to correct or warn about the hazard.

2. Private property owners and businesses

The property owner or management company may be liable if a speed bump is located on private property, such as a shopping center, apartment complex, or business parking lot. They have a legal duty to maintain the premises safely, which includes:

• Installing properly designed speed bumps.
• Providing clear warning signs.
• Ensuring adequate lighting and visibility.
• Repairing speed bumps that become hazardous over time.

If a business or property owner fails to meet these obligations and, through negligence, causes an accident, they may be responsible for covering the damages.

3. Construction or maintenance companies

If a construction company or contractor improperly installed a speed bump, they could be liable for accidents resulting from poor workmanship. Liability may also apply if a maintenance company failed to repaint markings or repair damage to a speed bump promptly.

4. Negligent drivers

Sometimes, the driver involved in the accident may be at fault. If a driver:

• Was speeding when approaching a speed bump.
• Ignored posted warnings about speed bumps.
• Drove recklessly, leading to a loss of control.

They may be held liable for any resulting accident.

What compensation is available for speed bump accidents?

If you were injured in a speed bump accident, you may be entitled to compensation for:

• Medical expenses – Hospital bills, rehabilitation, therapy, and medications.
• Lost wages – If the accident caused you to miss work.
• Property damage – Repairs for your vehicle or other damaged property.
• Pain and suffering – Emotional distress and physical pain caused by the accident.

If a government agency is found liable, claims may be limited by Illinois laws governing public entity lawsuits. It’s crucial to act quickly, as government claims often have shorter deadlines than typical personal injury claims.

What to do after a speed bump accident

If you’re involved in a speed bump accident, taking the right steps can help you build a strong claim:

1. Document the accident scene – Take photos of the speed bump, road conditions, and any damage to your vehicle.
2. Check for warning signs – Note whether proper signage or road markings were present.
3. Get medical attention – Even minor injuries should be evaluated by a doctor.
4. File a report – If the accident occurred on public property, report it to the local municipality. If it happened on private property, notify the property owner.
5. Speak with witnesses – Gather contact information from anyone who saw the accident.
6. Consult an attorney – A lawyer can help determine liability and file a claim on your behalf.

How Horwitz, Horwitz & Associates can help

Navigating a speed bump accident claim can be complex, especially when government entities or multiple parties are involved. At Horwitz, Horwitz & Associates, our experienced personal injury attorneys can:

• Investigate the cause of your accident.
• Identify responsible parties.
• Gather evidence to support your claim.
• Handle negotiations with insurance companies and government agencies.
• Fight for maximum compensation.

Contact Horwitz, Horwitz & Associates today at (800) 985-1819 to schedule a free consultation. Our dedicated team will evaluate your case and fight to get you the compensation you deserve.