Objects or hazards in the road may surprise drivers, making them swerve or suddenly brake to avoid hitting them. These dangerous conditions can cause serious crashes as vehicles may instead hit pedestrians or other cars when there is something in their path. The car accident attorneys at the Law Offices of Robert Dixon represent Miami residents who have been injured due to road hazards or any other type of collision. Assisting clients in Broward, Miami-Dade, and Palm Beach Counties, we protect your right to pursue compensation for your injuries with knowledgeable legal counsel.Florida Road Hazards
Dangerous road conditions or objects in the street can lead to accidents. These hazards include:
- Branches from trees, or other fallen plant material;
- Material that has fallen from a truck, or construction debris;
- Uneven terrain, including potholes or weather erosion;
- Construction materials that decrease a lane’s size, or workers in the road.
These unusual circumstances can cause serious harm, especially when drivers are distracted or not being careful on the road, or if weather disguises a dangerous condition’s presence until the last second. Victims may suffer severe injuries, such as broken bones, disfigurement, or even traumatic brain damage. When a hazard in the road leads to an accident, multiple parties may be held liable.Hold Negligent Drivers Accountable for Damages
Even careful drivers may get startled by a dangerous condition in the road and strike another vehicle or object when trying to avoid it. Often, however, a careless driver who is not paying proper attention to the surroundings will be caught off guard too late to avoid a crash, leading to injuries. In these instances, a victim may file a lawsuit against the responsible party, seeking damages for any harm that resulted from the crash. The basis of these claims is often negligence, which must be shown by proving that:The defendant owed a duty of care to the victim; That duty was breached by the defendant’s actions; The breach directly caused the victim’s injuries; and Actual, compensable damages resulted.
All drivers owe other users of the road a duty of care to behave as a reasonable and prudent person would act under the same circumstances. Therefore, if a motorist is texting during a thunderstorm and fails to see a fallen tree branch on the highway, leading him or her to swerve into another lane, he or she may be held liable for any injuries that result from the collision.
If a road hazard is dangerously concealed, or an accident is caused by a property or road owner’s failure to maintain safe premises, a victim may be able to file a premises liability claim. All property owners have a duty to keep the areas under their control free from dangerous conditions. As a result, a local municipality responsible for a road that has developed potholes or other hazards could be held liable for failing to fix them or otherwise warn drivers about them.
Even victims who are partly at fault in causing an accident may still recover compensation. Florida is a pure comparative fault state, which means that damages are awarded in proportion to each party’s amount of responsibility for a collision. Compensation available in these types of lawsuits often extends to past and future medical costs, vehicle damage, and loss of income or earning capacity, as well as pain and suffering.Seek Advice After an Auto Collision from a Miami Attorney
If you have been hurt in an accident involving a road hazard near Miami, many parties and factors may be involved in determining liability. The auto collisions at the Law Offices of Robert Dixon offer experienced representation for victims trying to hold those responsible liable for the harm that they have caused. Call 877.499.4878 or contact us online to set up a free, no-obligation consultation.