![]() The state of Florida has responsibility for road conditions. So who’s responsible for these bad roads? Poor traffic management around construction zones.Potholes and cracks in the road surface. ![]() Other common poor road conditions that can contribute to car accidents include: Roads can have tilts, slants, crowns, inadequate space, or be unsafe at the posted speed. The defects can be in the design, construction, or driving rules that apply to the area. ![]() Poor road design can cause drivers to more easily lose of control of their vehicle. Poorly designed roads are another distinct source of accidents and injuries. A defective road condition can result from poor drainage that builds dangerous levels of surface water, to potholes that ruin wheels and pop tires. In Florida, road conditions are a common cause of single-car and multi-vehicle accidents and collisions. On top of that, bad weather conditions can cause reduced visibility and slick surfaces, and the constant heat and humidity can burden road maintenance. The abundance of traffic on streets, road, and highways lead to high rates of vehicle collisions. Florida offers drivers the beauty of coastlines, pristine rivers, marshes, and other remarkable natural features.īut there’s a dark side to the Sunshine State’s roadways. This system is intended to help solve legal issues that arise between two people or parties, but what if the cause of the accident was a condition or design of the road itself? Who’s responsible for those crashes? Florida Car Accidents Involving Defective Roadsįlorida drivers have the benefit of warm and sunny weather that inspires driving for both short and long distances to enjoy famous attractions throughout the state. For example, if a jury determines that the injured party had ten percent of the responsibility for the injury, then it can reduce the recovery by ten percent. If the judge or jury decides that there’s some fault on both sides, then they must adjust the award in proportion to fault. This system lets the judge or jury apportion fault between the parties when awarding damages to the injured person. In the damages phase, Florida law applies comparative negligence. In every case, it is essential to determine the precise cause of the injuries. The court or jury must determine if the plaintiff contributed to the collision. The jury must rule in favor of the plaintiff saying that the defendant was responsible.Īfter determination of responsibility, a jury can still adjust the personal injury claim by the allocation of fault. Once past the permanent injury threshold, the plaintiff must prevail in a trial by jury. Plaintiffs must pass a threshold and prove a permanent injury. The no-fault system is designed to keep cases away from the state’s courts and contained within the insurance system. Recovery for personal injury in Florida is a difficult process. If a party sustains a permanent injury, then he or she may maintain a legal action for damages. In the event of collisions or accidents, a motorist must file for compensation with their insurance carrier. Navigating Florida Car Accident Lawįlorida is a no-fault insurance jurisdiction. So who is liable for dangerous roads, and can you be compensated if a road defect caused your crash and subsequent injury?įirst, it helps to have a basic understanding of how negligence, fault and insurance plays out in the Sunshine State. The estimated total cost of crashes caused, at least in part, by road conditions was $217.5 billion. In fact, in 2006, one study showed that nearly a third of all car accidents in the United States were related to poor road conditions, resulting in more than two million injuries and 22,000 fatalities. Surprisingly, these kinds of cases are more common than you might think. While cases are fairly straightforward when people must be held responsible for their negligent actions, a case becomes significantly more complex when a pothole or some other defective road conditions played a role in the crash. ![]() In this example, both the distracted driver and the pothole played a role in causing the crash. For instance, maybe a driver was illegally texting and driving when they hit a pothole and careened into the other lane, hitting another vehicle head-on. Often, more than one of these factors are involved in a collision. Can you seek compensation when injured in an accident caused by poor road conditions?Ĭar accidents can result from a combination of factors: the driver, the vehicle, and the roadway. ![]()
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