3 Parties That Can Be Held Responsible For a Car Crash Caused by Poor Road Conditions in Florida

Human error causes more than 90 percent of all car crashes in Florida and all across the U.S. But let’s not forget about car accidents caused by poor road conditions.

Even though roads in Florida are much better than in most other states, you can still encounter quite a few potholes, shoulder drop-offs, slick roads, and other bad road conditions while driving a car or truck in Fort Lauderdale, Miami, Hallandale Beach, and other parts of Florida.

And while the process of seeking compensation for your damages and losses when the car accident is caused by another motorist is quite straightforward – just file a claim against the at-fault party’s insurance company and you are good to go – the process of recovering damages when your car crash is caused by poor road conditions can be rather confusing.

Why? “Because in the vast majority of car accident cases involving bad road conditions, the victim will be suing a government entity,” explains our Fort Lauderdale car accident lawyer from Vladimir Tsirkin & Associates, P.A. But your city, county, or municipality or other government entity is not the only party that can be held liable for a car crash caused by poor road conditions.

In fact, there can be multiple parties to sue for poor road conditions that caused your car crash. Depending on the circumstances in your particular case, you may be able to file a lawsuit against:

• City, county, municipality, or other government entity. If your car crash occurred on a public road, you will most likely be entitled to file a lawsuit against a government entity responsible for inspection and maintenance of that road. While the value of your personal injury claim when suing a government entity can skyrocket compared to suing a private entity, do keep in mind that suing a government entity not as easy as suing a private citizen or entity. Which government entity or agency was responsible for your car crash caused by bad road conditions should be determined in a thorough investigation conducted by your car accident attorney in Fort Lauderdale or elsewhere in Florida. In many cases, people who were injured due to poor road conditions are discouraged from pursuing a claim due to governmental immunity and other legal implications.
• The owner of the road. When the road where the car crash occurred is owned by a private entity rather than a government entity, you may be entitled to sue the owner of the road for failure to properly maintain the road.
• Another motorist. Under Florida law, motorists have a duty to drive safely and take reasonable precautions to avoid causing harm to other drivers and pedestrians. And driving when the road or weather conditions are bad does not limit or reduce that duty. If a motorist sees, knows about or is warned about poor road conditions, he or she has a duty to slow down and drive cautiously to prevent accidents. If the driver fails to do so, and, as a result, causes a car crash, that driver may be held partially liable for the damages. The government or private entity responsible for inspection and maintenance of the road where the accident occurred will still bear its own share of responsibility for the crash.

Since Florida follows the doctrine of pure comparative negligence, you may be able to sue multiple parties as part of your personal injury claim. However, if the investigation shows that you were partially at-fault for causing a car crash involving poor road conditions, the amount of damages you are entitled to will be reduced by the percentage of your own fault.

The only way to ensure that your car crash case is fairly and properly investigated and to establish all liable parties in a motor vehicle accident caused by poor road conditions, you need to consult with a Fort Lauderdale car accident attorney from Vladimir Tsirkin & Associates, P.A. Get a free consultation about your particular case by calling at 954-687-9787.