Dangerous and Defective Roads
Car accidents are a leading cause of preventable injury and death across South Florida. And while most car accidents are the result of one or more drivers’ negligence, others are caused by dangerous and defective roads. Whether a road was not properly maintained by the local government or a construction company failed to provide the appropriate safety measures, dangerous roads pose a serious risk to motorists. At the South Florida personal injury law firm of Friedman Rodman Frank & Estrada, our car accident lawyers help injured motorists pursue meaningful compensation following an accident. We can help you determine which parties may be responsible for your injuries, and effectively pursue a claim for damages.What Makes a Road Dangerous?
Roads that are otherwise safe can become dangerous if the government does not properly maintain the road. In most cases, road defects involve one of the following factors:
- Overgrown foliage;
- Poorly marked intersections;
- Sinkholes or potholes;
- Uneven surfaces allowing for the accumulation of water;
- Malfunctioning traffic signals;
- Missing road signs;
- Missing guard rails; and
- Poorly designed roads.
Additionally, when road construction companies undergo a construction project additional risks arise. For example, a construction crew may not provide adequate signage to passing motorists, leave gravel or other debris on the roadway, or leave heavy equipment on the road. This can cause confusion which may lead to a car or truck accident.Who is Responsible for Dangerous and Defective Roads?
Accidents resulting from dangerous and defective roads can be quite complex. The first step in these cases is to determine which party or parties is responsible for your accident. In most cases, fault for these accidents rests either with the state or local government responsible for maintaining the road or with a construction company.
If a government entity is responsible for the dangerous or defective road, there are additional procedural requirements that accident victims must follow. For example, under the Florida Tort Claims Act, accident victims must provide notice to the state agency alleged to be at fault as well as the Florida Department of Financial Services within three years of the accident. The state then has 180 days to investigate the accident. If the state denies the claim, or doesn’t act on the claim within the 180-day period, then the accident victim can file a personal injury lawsuit.
On the other hand, if an accident was caused by a negligent construction company, you do not necessarily need to comply with these additional requirements. However, it is important to speak with a knowledgeable personal injury lawyer before filing a case because it is not always clear who the at-fault parties are without an in-depth investigation.
Some accidents caused in part by dangerous or defective roads may also involve the negligence of another motorist. In these cases, it is important to name all potentially liable parties; otherwise, the named defendant may attempt to shift blame onto a party who is not present, which could result in you being left without any means of compensation.Have You Been Injured in a Florida Car Accident?
If you or a loved one recently suffered serious injuries in a car accident caused by a dangerous or defective road, do not delay in reaching out to the knowledgeable lawyers at Friedman Rodman Frank & Estrada. At our Miami car accident law firm, we have nearly a century of experience helping accident victims and their families pursue meaningful compensation. Regardless of who is responsible for the accident, we can ensure that your claim complies with all the relevant laws and help determine an effective strategy for the handling of the claim. To learn more about how we can help you pursue a claim for compensation, reach out to Friedman Rodman Frank & Estrada to schedule a free case evaluation at 877-448-8585. You can also connect with us through our online form. We proudly represent clients throughout South Florida, including but not limited to Miami, Miami Beach, Naples, Homestead, Fort Lauderdale and Orlando.