Who is Liable For a Defective Road Accident?
On Behalf of Rosenthal, Levy, Simon & Sosa | August 3, 2022 | Car Accidents
Although most motor vehicle crashes are caused by negligent or reckless motorists, poor road conditions also cause or contribute to many accidents. In a crash by a defective road, federal, local, and state government entities may be held liable, and you may be entitled to seek financial compensation from them.
What Are The Most Common Causes of Defective Road Accidents?
Florida drivers face various roadway hazards that can cause defective road accidents. These create hazardous driving conditions and raise the risk of a crash:
- Poor or Inadequate Road Maintenance – If the agency responsible for a specific roadway fails to maintain it properly, various hazards may develop that increase the risk of road crashes, such as:
- Faded lane markings
- Damaged guardrails
- Uneven pavement
- Lack of traffic signs
- Pavement erosion
- Poor Road Design – Even the most perfectly constructed roads can be hazardous to road users if they were not designed properly. Common road design flaws that increase the risk of accidents can include:
- Short merge lanes and on-ramps
- Insufficient lighting
- Excessively sharp curves
- Lack of warning signs for hazardous conditions
How is Liability Determined in a Defective Road Accident?
Different government entities are typically responsible for roadway maintenance in Florida. This means that they may be held liable for injuries and accidents that occur due to defective roads and other roadway hazards related to unsafe road conditions. But you can only hold the at-fault government agency liable for your damages if you could prove that they should have known or were aware of the hazard that caused your accident.
These entities are likewise provided reasonable time to spot hazardous conditions and repair them. So if they fail to address a hazard when they should’ve known about it but didn’t, you can hold them liable for your losses. Then again, you must be able to show that they failed to meet their legal duty of care to resolve known road hazards or at least properly notify road users of the hazardous conditions.
In addition, figuring out which government entity is liable for the defective road accident can be tricky. Mainly, the roadway’s exact location and the kind of hazard that caused the crash matter. It’s also possible that multiple government entities are responsible for maintaining a particular road, such that one of them ensures that the pavement is safe while the other ensures that the road is free of dangerous debris.
Furthermore, most government entities have immunity from lawsuits, and you’ll need their permission to sue them.
Speak to a Seasoned Port St. Lucie Car Accident Attorney
The seasoned Port St. Lucie car accident attorneys of Rosenthal, Levy, Simon & Sosa have plenty of experience handling claims involving defective road accidents. You can request a free case review and learn more about your legal options for recovering compensation for your damages. Reach us online or call 772-249-3776 to schedule your appointment with our Port St. Lucie car accident attorney now.