Pothole Accidents

Potholes are common on the streets and highways in South Florida, often causing motorists to swerve to avoid them and prevent damage to their cars. However, sometimes these road hazards go undetected, and when they’re unavoidable, serious accidents, and injuries, can result. The car accident attorneys at the Law Offices of Robert Dixon represent Miami victims injured in accidents caused by potholes. Our firm helps clients in Miami-Dade, Broward, and Palm Beach Counties seek compensation from negligent parties. If you have been injured in an accident, contact our office today to set up a free consultation about your case and see how we can help.

Constant road use, particularly by heavy vehicles such as trucks and buses, causes asphalt, which is the top layer of a road, to break down and thus form potholes. Weather, especially rainwater accumulation, can further erode the concrete and cause bigger, potentially more dangerous, potholes. Given the climate and population of South Florida, potholes occur regularly and can cause significant damage not only to cars, but also their occupants. Potholes put strain on a vehicle’s shock and suspension, which can cause a driver to lose control of a vehicle, and possibly veer into other lanes or oncoming traffic. Depending on the size of a vehicle, or the speed it is traveling, a car or truck can roll over, leading to catastrophic injuries or even the death of a driver or passenger. Injuries that may be sustained in these types of accidents include traumatic brain injuries, broken or fractured bones, neck or spinal cord injures, as well as scarring or disfigurement. Many of these serious injuries can lead to long-term recovery, and expensive treatment. Victims may be entitled to damages from the responsible parties.

Figuring out who is at fault for a pothole accident can be complicated. Generally, cities and local municipalities are required to perform proper maintenance to ensure the safety of the roads and highways. If a city, or another government entity, knows, or should have known, of a defect but failed to fix it, they can potentially be held liable for damages that result. Determining whether or not the government had knowledge, or took proper actions to indicate they should have had knowledge, of a hazard, may require extensive analysis into its practices or routines. Sometimes a private party could be responsible for maintaining a road or sidewalk that contains a pothole. Investigating the facts and circumstances surrounding pothole accidents is important to determine what party, or parties, may be liable.

Filing suit against a governmental body may also have different rules than generally apply to other personal injury or negligence suits. For instance, under Florida Statute 768.28, victims pursuing monetary damages against a government agency only have three years within which to file a claim, as opposed to the four-year statute of limitations generally applicable to other claims. After showing liability, a plaintiff may recover damages for property loss, past and future medical bills, lost income, and pain and suffering.

If you’ve been injured in a car accident, motorcycle crash, or other incident in the Miami area, the Law Offices of Robert Dixon can help you pursue your legal claim against the appropriate parties. Careful and detailed investigation is often vital to making sure your rights are protected. If you’ve been hurt in an accident caused by a pothole, please call 877.499.4878 or contact us online for a free, no obligation consultation about your case.