How Road Defects Contribute to Car Accidents in Florida

Introduction

While driver negligence is a common cause of car accidents, poorly maintained roads, construction hazards, and infrastructure failures can also play a significant role. In Florida, road defects such as potholes, uneven pavement, missing traffic signs, and malfunctioning traffic lights can create dangerous driving conditions that lead to serious accidents.

This guide explains how road defects contribute to crashes, who may be held responsible, and what steps accident victims can take to seek compensation.

Common Types of Road Defects That Cause Accidents

Defective road conditions can create unexpected hazards that increase the likelihood of collisions. Some of the most common issues include:

• Potholes that cause tire blowouts or loss of control
• Uneven or deteriorating pavement leading to sudden braking or swerving
• Missing or obscured traffic signs causing confusion at intersections
• Malfunctioning or missing traffic signals leading to unsafe crossings
• Poorly designed roadways with blind curves or insufficient lighting
• Lack of proper drainage, causing hydroplaning on wet roads
• Road construction zones that are not properly marked or maintained

When these conditions exist, drivers may have little to no time to react, increasing the risk of an accident.

Who Is Liable for a Road Defect Accident?

Determining liability for an accident caused by a road defect can be challenging because multiple parties may be responsible for road design, construction, and maintenance. Potentially liable parties include:

Government Agencies

State, county, and local governments are responsible for maintaining public roads, highways, and intersections. If an accident occurs due to a poorly maintained road, the government agency in charge of the roadway may be held liable.

Construction Companies

If an accident happens in a construction zone, the company responsible for the project may be liable if they failed to properly secure or mark hazardous areas.

Private Property Owners

When accidents occur on privately owned roads, such as those in gated communities or shopping centers, the property owner or management company may be responsible for failing to maintain safe driving conditions.

Because lawsuits against government entities follow special legal rules, victims must follow strict procedures when seeking compensation.

Challenges in Proving a Road Defect Case

Road defect claims are more complicated than standard car accident cases because they require proving that the defect was a direct cause of the accident and that the responsible party knew or should have known about the dangerous condition. Common challenges include:

• Establishing that the government agency or property owner had sufficient notice of the defect but failed to take action
• Proving that the road defect was the primary cause of the accident, rather than driver negligence
• Dealing with government immunity laws that limit lawsuits against public agencies

To overcome these challenges, accident victims need strong evidence to support their claim.

Evidence That Can Strengthen a Road Defect Claim

Victims of road defect accidents should collect as much evidence as possible to prove that the defective condition caused the crash. Helpful evidence includes:

• Photos and videos of the road defect and surrounding conditions
• Police reports documenting the accident and any hazardous conditions
• Witness statements from other drivers or pedestrians who saw the accident
• Traffic camera footage, if available, showing how the accident occurred
• Expert testimony from engineers or accident reconstruction specialists

Promptly gathering this evidence is crucial because government agencies and construction companies may repair or alter the roadway after an accident, making it harder to prove the defect existed.

How to File a Claim for a Road Defect Accident

If an accident was caused by a road defect, the injured party must take specific steps to seek compensation:

1. Report the Accident and Hazard
   Notify the local government or property owner about the dangerous condition. In some cases, there may be prior complaints or reports of similar accidents at the same location.
2. Seek Medical Treatment
   Even if injuries seem minor, getting a medical evaluation can help establish a connection between the accident and any injuries sustained.
3. Consult a Personal Injury Attorney
   Government claims require filing a notice of claim before a lawsuit can proceed. An attorney can ensure the claim is properly submitted within the required timeframe.
4. File a Lawsuit if Necessary
   If the responsible party refuses to offer fair compensation, the victim may need to file a lawsuit to recover damages for medical bills, lost wages, and pain and suffering.

Compensation Available for Road Defect Accident Victims

Victims of accidents caused by road defects may recover compensation for:

• Medical expenses related to injuries sustained in the crash
• Lost wages and loss of future earning capacity
• Vehicle repair or replacement costs
• Pain and suffering due to physical and emotional distress

In cases of extreme negligence, additional damages may be available to hold responsible parties accountable for failing to maintain safe road conditions.

How a Personal Injury Attorney Can Help

Because road defect claims involve complex legal and procedural requirements, working with an experienced attorney is essential. A personal injury attorney can:

• Investigate the accident and gather necessary evidence
• Determine whether a government entity or private party is responsible
• Handle negotiations with insurance companies and government agencies
• File a lawsuit if the responsible party refuses to settle

At Bonderud Law, we help accident victims pursue compensation for injuries caused by dangerous road conditions. If you were injured in an accident caused by a road defect, contact us today for a free consultation.

Conclusion

Poorly maintained roads, missing traffic signs, and construction hazards can create dangerous conditions for drivers. While filing a claim for a road defect accident can be challenging, victims have legal options to seek compensation from government agencies, construction companies, or private property owners.

If you have been injured in an accident caused by a road defect, gathering evidence and consulting with an attorney can help ensure that you receive the compensation you deserve.