Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Who Is Liable When A Car Accident Is Caused By Poor Road Conditions?

In a typical Florida car accident, it is fairly easy to determine liability, especially in rear-end collisions and right-of-way accidents. However, sometimes no one person is at fault, and instead, a pothole, lack of signage, or missing guardrails can be the cause of a serious accident or injury. In these instances, the victims of the accident may be unsure of who to file a car accident claim against, or even if they have the right to take legal action to recover damages at all. At The Pendas Law Firm, our Jacksonville car accident lawyers can evaluate the circumstances leading up to your accident to help you determine whether or not you have grounds to file a car accident claim against the government, road maintenance crew, or other responsible agency.

Suing an Agency or Road Crew For Damages

In order to sue an agency or road maintenance crew for damages, you must be able to prove that it was the poor road condition that caused your accident, and nothing else. For instance, you cannot claim that a pothole was the cause of your accident if the pothole was on the shoulder of the road and you accidentally veered into it because you were texting and driving. In order for you to have a valid lawsuit, the pothole must have been in the middle of your lane, too big to veer around, and big enough to cause serious damage.

Once you prove that the road condition was the sole cause, you must continue to prove that the agency or crew responsible for maintaining the road was negligent in their duty to provide safe and drivable roadways. If it was a hazard in the middle of the road that caused your accident, you must prove that the agency or crew failed to properly warn drivers of it.

Finally, once you have proved the above two factors to be true, you must determine whether or not the agency or crew responsible for your accident is even allowed to be sued. Unfortunately, many road construction crews are protected by Sovereign Immunity, which protects them and other government agencies from lawsuits brought against them.

Determining Liability

Cities, counties, or states maintain most roadways; in many instances, a roadway is maintained by more than one entity, with each agency taking on differing maintenance responsibilities. For instance, the state may be responsible for filling potholes, the city may be responsible for plowing and salting roads, and the federal government may be responsible for larger construction undertakings, such as building a new overpass. Before you can file a car accident claim, you need to know which agency is responsible for your accident.

Proving Negligence

Once you have determined who is liable, you must then prove that the liable agency was negligent in their care of the roadways. This means proving that the responsible agency should have and could have repaired the roadways but chose not to. In some instances, you must prove that the agency that built the roadways did so in a careless and negligent manner so as to cause dangerous defects that could have been prevented.

Can the Agency Actually Be Sued?

As we mentioned above, most government agencies are protected from lawsuits thanks to sovereign immunity. However, although they are immune, most agencies will make exceptions and allow themselves to be sued under certain circumstances. Negligence in the care of a roadway is typically one exception to immunity that most agencies will make. However, they may stipulate that the negligence must be “gross,” meaning that it was very negligent. In other instances, they may only allow an individual to sue them if they have insurance to cover the type of lawsuit brought against them.

Consult a Jacksonville Car Accident Lawyer

If you were recently involved in a car accident due to poor road conditions, do not hesitate and contact the car accident lawyers at The Pendas Law Firm today. If you do have a chance of recovering damages from the government agency responsible, you have a very limited time to file a claim, as the statute of limitations to sue a government agency are typically much shorter than for any other type of claim. Call our Jacksonville personal injury team at 1-844-200-0000 or schedule a consultation online to get an accurate assessment of your case.

The Pendas Law Firm also serves clients in the Fort Myers, Orlando, Tampa, Miami, Fort Lauderdale, Daytona, Bradenton, and West Palm Beach areas.

Resource:

scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1111&context=facpub

Read What Others Have To Say About Us

  • I can't express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn't ask for a better law firm...

    — Terry Mcphillips
  • Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings...

    — Joseph Kestell
  • Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world..

    — Luis Sanchez
  • Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!

    — Enilno Resu
  • I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job...

    — Israel Garcia
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.

    — Ian Brito
  • Very Professional law firm. They explained to you every detail what to do according to the laws (worker's compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!

    — Lau Rod
  • I am very proud and happy that my case was closed, and definitely won! Lizette Gonzalez was my case manager and I definitely recommend this P.A.! Honestly, no other lawyer even tried to fight my case at all, I was turned down by most of those who I called...

    — KingArroyoVEVO
  • Great lawyers who speak Spanish and English. Danny Cruz and Lizette Gonzalez helped with my case and put my parents worries at ease. They got my case over and done with within a year and helped get all my bills paid.

    — Caroline Matute
  • This was a positive, informative and pleasant experience concerning an unpleasant situation. Everyone I spoke to was very professional and compassionate. I always felt to be in the best and most capable hands. the Pendas Law Firm lives up to its reputation!

    — Jean Villarreal
  • Pendas Law did an awesome job working my claim against my homeowners insurance. They had refused to pay for the wind damage to the roof. Larry with Pendas Law Firm was assigned to my case and immediately started working on it. I could not be happier. Will definitely use Pendas Law in the future if needed.

    — John Hibbert
  • I'm thankful to have chosen them , very responsible and communicative , Went in the office with my family and the environment was great ,Sahily walked me through the process professionally, I got a good settlement faster than I expected, would totally recommend.

    — Juan Fernandez
  • I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...

    — MARIA PASTOR
  • This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...

    — SHANTELLE BLACKWELL
  • I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...

    — CARLOS GUADALUPE
  • The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!

    — HEATHER PEPPER
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.

    — IAN BRITO
  • I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.

    — WILMER D SANTANA RODRIGUEZ
  • Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!

    — MCKENZIE CZABAJ
  • Previous
  • Next
 

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Florida Personal Injury Offices

Skip footer and go back to main navigation