Who Is Liable When a Road Hazard Causes a Traffic Crash?
Hundreds of thousands of traffic crashes happen yearly in the Sunshine State. According to the FLHSMV, there were 395,718 traffic crashes in Florida in 2022. While some of the traffic accidents that occur in Florida are unavoidable, most accidents are preventable. Many traffic collisions happen because of negligence. Some motorists engage in negligent behavior when on the road and disregard the safety of others. Examples of negligent acts that drivers engage in that can cause serious and fatal accidents include speeding, distracted driving, drunk driving, failing to yield the right of way, tailgating, and driving too slowly. Poor road conditions are also often to blame for traffic crashes in Florida. Dangerous road conditions can cause serious and fatal collisions. Fortunately, in Florida, you can recover compensation for your injuries and damages after suffering injuries because of a negligent driver or a road hazard. But who is liable when a road hazard causes an accident? Read on to find out.
Common Road Hazards That Can Cause Accidents
When you are involved in a traffic collision, it is vital that you consider whether a road hazard is to blame for your accident. The following are some of the common road hazards that cause accidents in Florida;
- Potholes
- Insufficient merging areas
- Inoperable traffic signals
- Lack of rumble strips on the highway
- Cracked pavements
- Wet leaves and mud
- Dead animals on the road
- Missing or insufficient guardrails
- Uneven lanes
- Poor signage
- Debris and other road obstructions
- Low shoulders
- Inadequate road maintenance
- Missing traffic signals, signs, or lane markings
Who Is Liable When a Road Hazard Causes a Traffic Collision?
Depending on the specifics of the case, the following are some of the potentially liable parties in a traffic collision in which an issue with the road was a factor;
- Road or Highway Authority: The road or highway authority responsible for constructing or maintaining the road may be liable for the accident if it failed to meet the necessary standard of care when constructing or maintaining the road.
- Construction or Maintenance Contractor: If the government hired a private contractor to construct or maintain the road, the contractor may be liable if they are to blame for the road hazard or failed to take care of the dangerous condition.
- The Construction Materials’ Manufacturer: If a defective construction material is to blame for the accident, the company that manufactured the product may be held liable.
When you are involved in an accident because of a dangerous road condition, you should contact a qualified personal injury attorney as soon as possible. Determining who is to blame for your accident alone can be a challenge. Skilled personal injury attorneys have a wealth of knowledge that can be helpful when it comes to determining who is responsible for compensating you for your injuries and damages. An attorney will conduct an investigation immediately and gather evidence that can help you prove liability and recover the compensation you deserve.
Contact Us for Legal Help
Have you been involved in a Florida traffic collision because of a dangerous road condition? Contact our skilled and dedicated Miami personal injury attorneys at The Pendas Law Firm to discuss your case.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Jacksonville, Tampa, Bradenton, Fort Myers, Naples, Melbourne, Daytona Beach, West Palm Beach, Ocala, and Orlando areas.
Source:
flhsmv.gov/traffic-crash-reports/crash-dashboard/
