Who Is Liable in a Road Hazard Accident in Florida?

If you were injured in a road hazard accident in Florida, recovering compensation can be critical for getting your life back on track. However, you may not know who is responsible for your damages. In most Florida road hazard accident cases, the government entity responsible for building and maintaining the road is liable for any damages resulting from a crash.

At Winston Law, we have been helping accident victims pursue compensation for their damages for more than 30 years. Our team of experienced Davie car accident lawyers can help ensure you get the money you need and deserve. Reach out to us today by phone or through our website to schedule your free case consultation.

Government Entities Have a Duty to Limit Road Hazards

Roads are built and maintained by various government agencies. Depending on where the road is located, it may fall under the jurisdiction of the federal, state, county, or city government. Whichever government is responsible for the road must maintain roads, bridges, infrastructure, and signage to ensure the safety of the road for public use.

Failure to keep roads maintained can open the responsible government body up to liability for any resulting accidents. If you suffered damages in a crash caused by a road hazard, you could be entitled to compensation. An experienced car accident lawyer can help you hold the government agency responsible for your damages accountable.

Limited Window for Filing a Claim Against the Government

There are many protections in place to minimize the legal action taken against government agencies. One of the main protections you will be up against if attempting to recover compensation from the government after suffering damages in a road hazard accident is the short deadline for filing a claim.

In most cases, you will have far less time to take legal action when pursuing a claim against the government than you would if filing a lawsuit against a private entity. If you miss the filing deadline, you could be out of options for pursuing compensation. 

Fortunately, an experienced attorney can help identify the applicable deadline and ensure that all the required paperwork is completed and submitted before time runs out.

Other Parties Can Be Held Liable in Certain Circumstances

In certain cases, other parties may also hold a level of liability for road hazards. While the government is responsible for maintaining roads, they can not be expected to immediately fix a road hazard right after it is created. 

For example, if a driver with an unsecured load causes damage to a roadway and an accident ensues shortly thereafter, the driver who caused the damage may be responsible for the losses suffered by the accident victim.

Recovering Damages After a Road Hazard Accident

The best way to ensure you recover the compensation you need and deserve after a road hazard accident is by securing the services of an experienced car accident lawyer. Your attorney will be able to help you identify all of the potentially liable parties and ensure that your claim gets filed correctly and on time.

When you hire an attorney, they will take over every aspect of your case to give you the best chance of a favorable outcome. Your lawyer will evaluate your losses to determine all of the damages available. They will then pursue these damages through a court ruling or settlement deal.

Economic Damages

Some of the most commonly recovered damages following a road hazard accident belong to the category of economic damages. Economic damages cover any losses you suffered that had a direct impact on your financial well-being. Some of the economic damages most frequently available in road hazard accident cases include:

• Property damage
• Medical expenses
• Future medical costs
• Lost wages
• Lost ability to earn income

Non-Economic Damages

Depending on the circumstances of your case, you may also be eligible to recover a number of non-economic damages. Non-economic damages include every type of loss that did not directly impact your financial situation. Some of the non-economic damages most frequently available in road hazard accident cases include:

• Pain and suffering
• Loss of consortium
• Mental anguish
• Emotional distress
• Diminished quality of life
• Loss of companionship

Punitive Damages

In extremely rare cases involving road hazard accidents, punitive damages may also be available. However, for these damages to apply, the liable party must have been criminally negligent or acted with the intention of causing harm.

Punitive damages are used as a form of punishment for the liable party rather than as a means of replacing losses suffered by an accident victim.

It’s important to note that the damages available in these road hazard cases will likely be limited if the responsible party is a government agency. Your lawyer can advise you of the damages you are eligible to pursue.

Reach Out to an Experience Road Hazard Accident Attorney Today

When attempting to recover damages after a road hazard accident, securing the services of an experienced lawyer will significantly improve your chances of recovering the money you need and deserve. At Winston Law, we understand the challenges that these cases present and are ready and waiting to help ensure you recover fair compensation.

As a small firm, we focus on ensuring that every case we handle gets the personal attention it needs. Our track record, both in the courtroom and during settlement negotiations, speaks for itself. Contact us today by phone or through our website to schedule a free case review with a member of our legal team.