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According to a report by the South Florida Sun-Sentinel, Florida is one of the most dangerous states to drive in. The report states that “[f]our of the top five deadliest highways in the nation are in Florida,” and that “[t]he state's two main interstates — I-75 and I-95 — ranked Nos. 30 and 66, respectively, [are] among the...deadliest highways in the country.”
Although the report considers various factors, in many cases, it is the road itself that causes so many car accidents.
The experienced car accident attorneys at Spivey Law Firm know that accident-related injuries and deaths may be the result of car crashes as well as incidents involving various other types of moving vehicles, such as motorcycles, trucks, ATVs, boats, wave runners, and bicycles.
Common Types of Road Hazards
Road hazards come in many shapes and forms, some of which include:
- Inadequate or unfinished road maintenance
- Use of faulty or inadequate road construction materials
- Potholes
- Sinkholes
- Dangerous merging areas
- Debris on the road
- Missing, blocked, or unreadable traffic signs, signals, or on-road markings
- Uneven lanes
- Low, narrow, or missing shoulders
- Out of order traffic signals
- Visual obstructions
- Limited visibility
- Wild animals
- Inadequate warning signs
Who is Liable for Hazardous Road Conditions in Florida?
If you were injured in an accident caused by a road defect, specific circumstances determine who is liable. The responsible parties may include:
- The Road or Highway Authority. The state or local government authority responsible for constructing and maintaining the road is most often liable. The Florida Tort Claims Act includes various special requirements, including critical timelines, for filing personal injury and wrongful death claims against these government entities.
- The Road Construction or Maintenance Contractor. State or local government authorities often hire private company contractors to perform its road construction and maintenance. Accordingly, this will be a factor in determining which entity (the government or contractor) is liable.
- The Road’s Construction Materials Manufacturer. All of the products used in building Florida’s roads, such as concrete and asphalt, traffic signals, traffic signs, etc., should all be taken into account when determining liability. These products can be potentially defective, whether the defect existed when the road was built or became faulty over a period of months or years. If the accident that caused your injuries resulted from a defective product, the product manufacturer may be liable.
- Another Driver. If another driver causes a road hazard, they may be held legally responsible. This can include having an insufficiently maintained vehicle that loses a tire that strikes your vehicle or an improperly fastened object on top of it that falls onto the road right in front of you.
A thorough investigation of your accident is necessary to determine who is liable in your specific case. The experienced Fort Myers accident attorneys at Spivey Law Firm are prepared to handle this on your behalf and will be sure to include every party responsible in your claim.
Contact a Fort Myers Car Accident Lawyer to Help Determine Who is Responsible in Your Accident
If you have been injured in an accident caused by a defective roadway, determining liability can be tricky and tedious. However, you are not alone. Attorney Randall Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. is on your side and will fight for all of the compensation to which you’re entitled regardless of who is liable. Contact us online or by calling 888-477-4839.
More Helpful Information
How Not to Be a Victim of Work Zone Accidents
Each spring, the Federal Highway Administration works with the American Association of State Highway and Transportation Officials and the American Traffic Safety Services Association to coordinate the observance of National Work Zone Awareness Week to bring attention to motorist and worker safety and mobility issues in work zones.
Increase in Florida Road Construction Means Increase in Vehicle Accident Potential
Road construction areas have a high risk for potential crashes. The American Driver & Traffic Safety Education Association (ADTSEA) suggests drivers drive safely when driving in work zones.