Can I sue The Illinois Department of Transportation when my vehicles rust???
They been laying down salt on the roads for over a day now. Salt and metal does not get along very well. Salt always wins. I'm begining to think they have a contract with the auto makers. The auto makers pays the state to spread salt so vehicles rust. Then the public is forced to buy newer vehicles. They could make vehicle out of plastic. Big trucks are. Ever seen a rusty Peterbilt or Kenworth? I have failed to see one yet. The salt also tears up the roads and the state is forced to do more maintance which leads to higher taxes. The salt eventally ends up on the side of the road. That attracts deer. Deer loves to eat salt with their big rear ends on the right-of-way. Will the state buy me a new vehicle when I hit Bambi? I did not ask the for dirty roads. BTW My driveway is clean and will be clear of ice and snow tomarrow when the sun comes out.
Public Comments
- Yes..you can sue.. You will lose...
- The state has eminent domain so you can not sue it.
- You could just wash your car.
- I would sue the bastards...
- You could, but you will not win.
- You think it would be so easy for them to make a vehicle out of plastic. Wouldn't you pay more for a vehicle that was made out of plastic, knowing that it wouldn't rust? Wouldn't that motivate them to make it? Its like the woman who claimed that companies deliberately made nylons that only lasted for a week when they could make ones that lasted a year, so that they would sell more. Why couldn't they make a longer-lasting one and charge 52 times as much for it? Anyway, whatever the process is for getting a bill on the ballot, go get a bill put on for forbidding the highway department from salting roads. If the other voters agree that it isn't worth it, they will pass it. You can't sue the government without its permission.
- They don't make you have a vehicle.
- Generally -- althought I do not know Illinois' law on the subject -- states have something called "sovereign immunity." It means that, if you sue them, all they have to do is file a motion that amounts to "we're the state" and the judge has to dismiss the case. Since that it so clearly the result, if you did sue the state, you might end up being liable for the state's atorney's fees. Now, most states have something called the "tort claims act" which is designed to allow lawsuits for limited amounts based on accidents that the state causes. The typical case to think about is where a government employee is in a car wreck on the job, or where the stairs in a government building break while you are climbing them. Because road conditions are such a typical cause of accidents, many states have specific rules about what kinds of claims can be brought against the state based on road-based harms. It is conceivable that the Illinois law might be so poorly drafted as to allow every person in the state of Illinois to sue the state for rust on their cars -- but I really doubt it! This is exactly the kind of government decision that sovereign immunity is intended to protect, so you would probably lose your case almost instantly.
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