If someone slams into your vehicle due to their own negligence, you can be reasonably confident that any personal injury lawsuits will have solid ground to build a case. However, what happens if an accident occurs on a lonely road with no one around? Road conditions can play just as big a role as poor driving in accidents, and you deserve compensation if poor Florida road conditions lead to an accident and injury.
The Impact of Road Conditions on Personal Injury Cases
Road conditions in Florida can drastically affect the safety of drivers, passengers, and pedestrians. Heavy rain from storms and hurricanes can erode asphalt and lead to potholes, which may cause drivers to lose control of their vehicles. Low visibility in road locations with inadequate street lighting increases the risk of collisions. Missing or damaged signage can lead to confusion on the road, and intersections lacking proper design can make a bad situation even worse.
Whenever any of these conditions lead to an accident, it becomes a pivotal focus in personal injury cases. These aren’t the types of accidents most people imagine, but they still lead to the same disastrous consequences. Why shouldn’t someone be allowed to seek compensation for their injuries?
Liability and Compensation Concerns
Identifying who is at fault in accidents caused by poor road conditions is much harder than correctly identifying the driver who admits fault or has stacks of evidence against them. The person or entity who caused the accident may not be at the scene of the accident, but they shouldn’t be allowed to escape responsibility.
To establish negligence, victims must prove that the entity responsible for maintaining the road failed to do so adequately. You must demonstrate that they knew, or should have known, about the hazardous condition and did not take reasonable steps to fix it. For example, if a municipality had been informed of a dangerous pothole and did not repair it in a timely manner, it might be considered negligent.
The liable party isn’t always the same. It might be a local government agency responsible for road maintenance, a construction company that left debris or obstructions on the road, or even a private entity that owns the roadway. In some cases, poor road conditions may result from the actions of multiple liable parties, complicating the pursuit of compensation and necessitating more planning for your case.
You deserve compensation for your injuries, but this, too, can be hard to calculate. The challenge lies in quantifying damages – which is standard practice – while also linking them directly to the accident and the poor road condition. In some cases, government bodies may even benefit from immunities that limit or alter the process of seeking compensation.
Working with an Attorney to Address Common Concerns
Very few personal injury accident claims are a slam dunk, requiring the experience of an attorney with a history of winning cases to build a solid argument. If you are a victim and are concerned about how your unique situation might hurt your case, we hope to provide answers and encourage you to come forward.
One of the primary concerns is the difficulty of collecting adequate evidence to support the claim. Road conditions can change quickly. Potholes can be filled, and signs can be replaced, making it challenging to prove their contribution to an accident. If you contact an attorney as soon as possible after ensuring your health, they can act swiftly to document the scene, secure surveillance footage, and obtain maintenance records that demonstrate negligence.
Another concern is the concept of sovereign immunity, which can protect government entities from lawsuits under certain conditions. However, exceptions exist, especially when negligence is clear and direct. During your initial consultation, an attorney can explain these nuances and develop a strategy that aligns with Florida laws and regulations.
Some might also worry about the time frame for filing a claim. Missing personal injury lawsuit filing deadlines can immediately result in losing the right to sue. To eliminate this concern, don’t delay—contact Probinsky & Cole today if you were injured due to subpar road conditions in Florida.
