Who is Liable for an Accident Caused by a Florida Pothole?

Even though people tend to associate potholes with roadways in the northern states that get large amounts of ice and snow that freezes, thaws, and then refreezes, allowing huge cracks and potholes to form, Florida’s roadways are also equally prone to these same driving hazards.  

Potholes, if left unrepaired or ignored, will not only develop into a daily driving hazard but often worsen and become more dangerous over time. If left unattended, potholes are able to expand exponentially and become an ever-increasing danger.

Florida Law Regarding Pothole Accidents?

Florida driving law states that every driver is expected to show reasonable care for hot only her or his own safety, but the safety of those around them, including other drivers and pedestrians. 

The standard for reasonable care is assessed based on what a reasonable person would have done in the same or a similar situation. Cases involving potholes can be complicated because the driver can almost always argue that she or he was behaving reasonably when they swerved to avoid the pothole.  

If a jury allows this argument and doesn’t find the driver liable, or even reduces the percentage of fault attributed to them then the victim might not recoup the full amount of their damages and injuries caused by the accident.

What Other Options Do Pothole Accident Victims Have?

Another party that Florida personal injury attorneys can site in a pothole injury case is the municipality or city that was obligated to make sure that its roadways were safe. This option is often overlooked in this kind of personal claim injury case.

Government agencies, which can be the state, a county, or even a city, are responsible for making sure their roadways are in safe driving condition. This means that the government entity liable for the maintenance of that road is expected to conduct inspections, road clean-ups, and routine maintenance of all roads that are under its jurisdiction. 

When an agency is aware of defects in a roadway, such as a pothole, it has a duty of care towards drivers to warn them of the potential danger and take reasonable actions to stop the problem by fixing the pothole as soon as they are aware of it.

Tampa Bay Personal Injury Attorneys

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. 

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.