[Drjazz]

Re: Illinois Department of Transportation (IDOT). My car was pelted by salt pellets being sprayed on the Kennedy Expy. Near Chicago. The pavement was totally dry thus causing the pellets to fly into my car which was traveling at 55 mph, damaging the hood and fenders extensively to the tune of over $900. Do I have grounds to recoup my expenses for said damage? I guess the pellets were being distributed in anticipation of an impending snow fall.

[RubyPitbull]

DrJazz, have you called the city about this? First try that route and see where it leads you. They might just surprise you and pay for the damages. Large cities usually have a fund for just these incidents. There are usually forms to fill out.

If you don't get anywhere that way, do you have any witnesses to the incident? Will the car body shop be willing to swear out an affidavit stating that the cause of the damage was due to the salt pellets? You need to start by trying to gather proof to substantiate your claim. The city has a group of lawyers at their disposal. If you have something or someone solidly backing you, you can always file a claim with the small claims court to try to recoup your expense. It doesn't guarantee that a Judge will find in favor of you but with something to back you up, if it will give you something solid to help your case. Otherwise, it is just your word that the salt pellets damaged your vehicle, not a very stable foundation for a lawsuit.

[Justice Matters]

Be advised that in some jurisdictions special notice rules apply if you plan to sue a level of government.

In addition, many large organizations, be it big business, government etc. usually don't respond well, if at all, to demand letters for damages. The practice of "dispute, delay, deny" often serves them well since a large percentage of claimants will eventually give up after being initially rebuffed. Only when a lawsuit is actually filed will they take a matter seriously and even then they may only offer "nuisance money" to make a claimaint go away.

As for the particulars of your case, there are pros and cons. Obviously the city has a responsibility to take preventative measures to mitigate the impact of a snow storm but such measures should not put people or property at risk.

On the other hand, unless the spreading of salt was somehow reckless or contrary to established procedures then you may not succeed. You may even be found to be contributory negligent since in many jurisdictions drivers are either required or cautioned to keep a distance from salt trucks and snow removal vehicles for precisely such reasons.

With all that being said, the case could turn on whether the salt truck had a large visible sign warning of the risks of driving too close to it while it was dispensing salt.