Can You Sue for Injuries Caused by Poor Road Maintenance in Florida?

Car accidents don’t always result from driver negligence. Sometimes, the condition of the road itself is the true culprit. Crumbling pavement, large potholes, uneven lanes, lack of signage, or obscured traffic signals can all turn an ordinary drive into a dangerous situation. In Florida, where heavy rains, heat, and high traffic volumes can quickly deteriorate road conditions, poor road maintenance is a serious safety issue. If you’ve been injured in a crash due to hazardous road conditions, you may wonder: can you sue for your injuries? The answer is yes, but with some legal complexities. Talk to a Florida car accident lawyer today. 

Understanding Government Responsibility for Road Maintenance

In Florida, the state, county, or city government is generally responsible for maintaining public roads. This includes timely repairs, adequate signage, proper lighting, and safe design. When these entities fail to maintain roadways in a reasonably safe condition, they may be held liable for resulting accidents. However, holding a government agency accountable involves a different legal process than suing a private party. 

Florida’s sovereign immunity laws limit lawsuits against the government, but they don’t eliminate the possibility.

To file a claim, you’ll typically need to prove that:

• The government agency responsible for maintaining the road knew (or should have known) about the dangerous condition.
• The agency failed to fix it within a reasonable amount of time.
• That failure directly caused your accident and injuries.

This can be difficult without legal guidance, which is why working with a Florida car accident lawyer is essential in these cases.

Common Types of Poor Road Conditions That Can Lead to Accidents

Not all bad road conditions will lead to a successful lawsuit. However, certain types of neglect may form a strong basis for a claim if they contribute to a crash. These include:

• Large, unfilled potholes that cause tire blowouts or loss of control.
• Poor drainage or standing water creates hydroplaning hazards.
• Broken or missing guardrails on high-speed or curved roads.
• Obstructed stop signs or traffic signals due to overgrown vegetation.
• Inadequate lighting in areas where visibility is already limited.

Documenting the exact condition that caused your crash, preferably with photographs or video, is crucial for building a strong case.

Suing a Government Entity in Florida: Special Rules Apply

While Florida does allow lawsuits against government agencies under the Florida Waiver of Sovereign Immunity Statute, there are limitations. Victims must follow specific procedures and meet strict deadlines.

Here’s a quick overview:

• Notice must be given to the correct agency within three years of the date of the accident.
• A claim must be filed with the Florida Department of Financial Services before a lawsuit can be filed.
• Damages are typically capped at $200,000 per person and $300,000 total per incident unless the Florida legislature passes a claims bill for a higher amount.

Due to these restrictions, it’s crucial to consult with an attorney who understands how to navigate government claims.

What to Do After a Crash Caused by Poor Road Conditions

After an accident linked to unsafe road conditions, taking the right steps can protect both your health and your legal rights:

• Call 911 and report the accident.
• Document the scene, including photos of the road hazard, your vehicle, and any visible injuries.
• Seek medical attention, even if injuries appear minor.
• Avoid making repairs immediately; a damaged tire or suspension can be critical evidence.
• Speak to a Florida car accident lawyer before giving statements to insurance companies or government investigators.

Let a Florida Car Accident Lawyer Help You Understand Your Options

Poorly maintained roads can turn any driver into a victim. If a road hazard caused your crash and injuries, don’t assume you have no recourse. A qualified Florida car accident lawyer can evaluate your case, determine liability, and guide you through the complicated process of filing a claim against a government entity.

For trusted legal advice and aggressive representation, contact Fulgenio Law today at (813) 463-0123 to schedule a free consultation. We’ll help you understand your rights and fight for the compensation you deserve.