§ 74.138 LIABILITY IF HIGHWAY OR STRUCTURE DAMAGED.
   (A)   Any person driving any vehicle, object, or contrivance upon any highway or highway structure is liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving, or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance exceeding the maximum dimensions or weighing in excess of the maximum weight specified in §§ 74.100 through 74.139 but authorized by a special permit issued as provided in those sections. The measure of liability is the cost of repairing a facility partially damaged or the depreciated replacement cost of a facility damaged beyond repair together with all other expenses incurred by the authorities in control of the highway or highway structure in providing a temporary detour, including a temporary structure, to serve the needs of traffic during the period of repair or replacement of the damaged highway or highway structure.
   (B)   Whenever the driver is not the owner of the vehicle, object, or contrivance, but is so operating, driving, or moving the same with the express or implied permission of the owner, then the owner and driver are jointly and severally liable to the extent provided in division (A).
   (C)   Recovery may be had in a civil action brought by the authorities in control of the highway or highway structure.
(ILCS Ch. 625, Act 5, § 15-318)