When a devastating accident occurs, victims often wonder who is to blame. Sometimes, the accident is the result of another driver’s negligence. However, dangerous road conditions can also play a significant role in many accidents.
If you were involved in an accident resulting from dangerous conditions, you may be eligible to recover compensation for the entity in charge of road maintenance. An accident lawyer from dangerous road conditions in Fort Lauderdale at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. can help you determine who is responsible and hold that party liable for your injuries.
Call today: 954-524-2820.
Dangerous road conditions include any conditions that make the roadways unsafe for travelers. These dangerous conditions can be hazards on the road or the actual, physical condition of the road.
A poorly designed roadway can increase the level of danger for motorists, particularly if there is bad weather. These are some examples of poor road design:
Some mistakes occur when workers are building the road. As a result, motorists have a high risk of being involved in a devastating accident. Common construction errors include:
Inadequately maintained roads can result in serious accidents. Some common examples of poor maintenance include:
If you believe your accident occurred as a result of poor road design or maintenance, you may be able to file suit against the governmental entity responsible for designing, constructing, or maintaining the road of the accident.
In general, a doctrine called sovereign immunity prohibits lawsuits against the government without its consent. However, the State of Florida has waived its immunity to tort claims, under Florida Statute § 768.28. This means that victims can sue the state or its municipalities for damages based on injury and property damage.
The liable party depends on where the accident occurred. For example, if the accident was due to road hazards on a highway or interstate, the state government is likely responsible for the maintenance of those roads. If the accident occurred on a major road, the county is likely liable.
Determining the liable party can be difficult, but an attorney with experience filing against the government can help; filing against the incorrect entity could jeopardize your claim.
Once you have determined your liable party, you can get started with your claim.
Before you file your claim, you need to notify the correct entity in writing about your car accident and intention to file a claim. If your administrative claim is denied, you may then file a lawsuit against the government to recover your damages. You may not file a lawsuit before your Notice of Claim period expires.
In order to file a negligence claim against the government you must prove that:
Duty: The governmental entity owed you a duty of care to maintain the road conditions. Proving duty of care against the government can be difficult; under Florida law, a certain category of duty must apply (an attorney can help establish this.)
Breach: Once you establish the entity owed you a duty to maintain the road, you must establish that it knew or should have known about the hazardous condition and did nothing to fix it or warn drivers about it.
You can prove that the government knew about the condition by examining survey records and determining whether someone had already noticed the condition. In most cases, you will need to show that someone made a formal complaint before your accident.
Causation: The governmental body’s negligence caused your accident and injuries.
Damages: You sustained injuries (e.g., physical, financial, or emotional) in the accident.
Proving these elements is often difficult. Our attorneys have an in-depth knowledge of state and local laws that would allow or prevent victims from filing claims or suits against the liable party. Our relationships with experts help us to determine the exact cause of an accident as well as the damages the victim suffered.
Normally, you have up to four years after your accident to file a personal injury claim against those responsible for your accident. However, you only have three years from the date of the accident to file suit against a governmental entity.
If your negligence suit against the government is successful, you may recover damages from the court. The damages you receive can cover a variety of expenses including:
Note: Florida law places a cap on personal injury claims against the government. You can only recover a total of $200,000 for your claim and you will be unable to recover punitive damages.
If your accident occurred due to poor road conditions, you may be able to file a lawsuit against the government.
Filing a suit against the government requires you follow strict procedural guidelines and present solid evidence proving that the government’s actions directly played a role in your accident. This can be extremely difficult to do on your own.
Fortunately, the attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L have experience with cases like yours and can assist you with your claim.
Our team will evaluate all possible contributing factors to determine who is at fault for your injuries and fight to get you the compensation you deserve.
Give us a call to schedule a free consultation today: 954-524-2820.