Can I File a Claim For an Accident Caused by a Pothole in Florida?Tampa Bay Legal News
Although most people associate potholes with streets in the northern part of the country that see large amounts of snow and ice that freeze, thaw, and then refreeze, resulting in the formation of large potholes and cracks, Florida’s roadways are not immune to developing these same driving hazards.
Potholes, if left ignored and unrepaired, will not only become a major driving hazard but often get worse and become more hazardous over time. If left untended, potholes cab increase exponentially in size and become an ever-increasing danger.
Florida Law Regarding Pothole Accidents?
According to Florida driving law, all drivers are expected to exhibit due care, not just for their own safety, but for the safety of everyone else on the roadway such as pedestrians and other drivers.
The measure of reasonable care is judged according to what a reasonable person would presumably have done in similar circumstances. Legal claims involving potholes are often complex because the driver can usually argue that they were acting reasonably when they swerved to circumvent a pothole.
If a jury supports this argument and does not hold the driver liable, or decides to reduce their degree of fault, then the victim may not be able to recover the full amount of damages caused by their accident.
What Other Options Do Pothole Accident Victims Have?
Another entity that personal injury lawyers in Florida can site in a pothole accident claim is the city or municipality that was in charge of making sure the roadways were safe. This avenue is usually overlooked in this type of car accident claim.
Government agencies, which may be city, county, or state, are responsible for ensuring their roadways are properly maintained and in good driving condition, meaning that the government entity responsible for road maintenance is required to handle road clean-ups, inspections, and regular upkeep of all roadways under its jurisdiction.
When a municipality is made aware of defects, such as a pothole, in a roadway, it has a duty of care towards its drivers to alert them to the potential danger and to take action to fix the issue by repairing the pothole right away.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Contact a Car Accident Attorney in Tampa
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.