Poor Road Maintenance
While driving around South Florida, motorists are constantly confronted with roads containing potholes, dips, and other conditions of disrepair. Dangerous conditions caused by poor road maintenance can cause significant car accidents and severe injuries to people involved in them. The Miami car accident lawyers at the Law Offices of Robert Dixon help victims of these collisions discover the underlying issues leading to their injuries as well as pursuing proper legal action against those responsible. Our firm represents people across Miami-Dade, Broward, and Palm Beach Counties, including in Miami, West Palm Beach, and Fort Lauderdale, assisting them in seeking the compensation that they are entitled to obtain from parties that have contributed to their harm. If you or a loved one has been injured in a motor vehicle accident caused by poor road maintenance, contact our office today to set up a free consultation to discuss your legal options.Responsibility for Maintaining Roads and Highways
Public roadways and highways are maintained by the state or by local municipalities. These governmental entities are responsible for ensuring that roads are free from hazards that pose an unreasonable risk to motorists, pedestrians, and bicyclists. Common dangerous road conditions that indicate a lack of proper maintenance include:
- Inaccurate, confusing, or damaged road signs
- Deep potholes and other broken or uneven pavement
- Curves or sharp turns lacking proper indicators
- Broken guardrails
Poor road maintenance may not be readily apparent in the aftermath of a collision. Often, when hazardous conditions are a factor contributing to an accident, a detailed investigation into the road conditions, including any foliage surrounding the road as well as markings and signage, is necessary to identify the parties responsible for causing a victim’s injuries. When governmental agencies are involved in litigation, special rules apply regarding liability associated with state and county officials. Some roadways also are owned by private individuals or entities that could be held liable if they acted negligently in maintaining their property, and that negligent act was a proximate cause of a motorist’s injuries.
A party responsible for a road’s upkeep may be held accountable for an accident and injuries found to be caused by debris, potholes, or weather erosion that was not properly addressed. Personal injury lawsuits based on negligence require a showing that a defendant owed a duty of care to the victim, that duty was breached, and that breach caused the victim’s injuries, resulting in damages. All property owners, including municipalities owning roads, have a duty to maintain property in a safe manner, free from dangerous conditions. Therefore, an individual or entity responsible for a road that has fallen into disrepair and resulted in a motorist’s injury could be held liable for failing to maintain a safe surface or failing to warn drivers of the hazard. If negligence is established, depending on the extent of their injuries, victims can receive compensation for past and future medical costs, lost income and earning capacity, and pain and suffering damages.
Even if a victim’s own negligence contributed to causing an accident, they are not barred from recovering compensation from other liable parties. Florida awards damages based on pure comparative fault, meaning that the amount of compensation distributed to a plaintiff is offset by the percentage of their own negligence. For instance, if a victim was determined to be 40 percent at fault for an accident, but another individual or entity was 60 percent liable for failing to maintain a road properly, the victim can receive that 60 percent remainder.Contact a Knowledgeable Car Crash Lawyer in the Miami Area
If you or a loved one has been seriously injured in a collision that you believe was due to poor road maintenance, the Miami attorneys at the Law Offices of Robert Dixon are available to help you determine your next legal step. Our firm offers committed and knowledgeable representation throughout the entirety of the legal process, from initial evidence gathering through settlement negotiations and any necessary litigation. If you have questions regarding a car accident claim, call (877) 499-4878 or contact us online for a free consultation with a motor vehicle collision lawyer.