Who is Liable if Poorly Maintained Roads Cause Car Accidents?

Sometimes a car accident happens because the road itself is in poor condition. Potholes, ruts, crumbling pavement, the configuration of roadwork zone, or an unsafe road design can contribute to a driver’s loss of control and car accident

When a car accident occurs because of improper road maintenance, those who have been injured may seek compensation from the liable party. Typically, this is the local government entity responsible for the roadway where the accident occurred.

The experienced car accident lawyers at Chiumento Law, PLLC, can help you pursue a claim after an accident caused by poor road conditions. State and local governments have a certain level of immunity against lawsuits.

There are specific procedures and deadlines for filing personal injury claims against government agencies. We can guide you through the process if you have a valid injury claim. 

Who is Responsible for Road Maintenance in Florida?

Roads in Florida may be built and maintained to certain standards by the state of Florida or a local government such as a city or town. Depending on the stretch of road or highway, any of these entities may be responsible for road maintenance and road conditions. 

Under state statutes, if the Florida Department of Transportation contracts with a county or municipality to perform routine maintenance work on roads that are part of the state highway system, the local government is relieved from any tort liability arising after completion of such work as long as the county or municipality has done work that meets their contractual obligations.

Therefore, one of the first steps after an accident caused by poor road conditions is to determine which governmental entity has responsibility for the roadway in question. 

In some cases, a highway contractor or contracting company that was negligent may be liable for faulty road conditions that led to a car accident.

However, unless the contractor was a large company that acted egregiously to cause dangerous conditions, the more likely course of legal action may be to file a claim against the responsible governmental agency. Ultimately, the state, county, or municipal government that owns the roadway is responsible for its condition.

Conditions that Are Signs of Poor Road Maintenance

The American Society of Civil Engineers says in its 2021 report card for Florida that 13% of the state’s roads are in poor condition. 

Any Floridian who drives in South Florida can likely tell you they have encountered roads with:

• Potholes, sinkholes, ruts
• Crumbling asphalt
• Soft, unstable shoulders
• Uneven pavement
• Unmarked lanes
• Flooding or ponding of water due to poor drainage
• Obstructed visibility caused by overgrown trees and shrubs
• Broken or missing guardrail
• Downed or missing road signs
• Malfunctioning traffic signals
• Inadequate lighting at night
• Frequent debris on the road

These hazards may be caused by lack of timely maintenance, poorly performed maintenance, design or construction flaws, and in some instances, car accidents.

The state or local government responsible for the road has an obligation to correct such hazards in a timely manner to ensure that Florida’s roads are safe for those who ride upon them.

How to Sue the Government for Bad Road Conditions

Technically, state and local governments can claim sovereign immunity, a common law principle that shields the government from lawsuits.

As society has become more progressive, Florida and other states have conditionally waived sovereign immunity on behalf of the state and its subdivisions, allowing those who have been injured due to the negligence of a government agency in Florida to seek compensation for their losses in certain situations.

In car accident cases that are caused by road defects and maintenance issues, you must first file a complaint with the agency responsible and give the agency a chance to resolve the issue. For example, most counties have a specific procedure for reporting damage caused by potholes and will supposedly reimburse car owners.

You have three years from the date of an accident to file a formal claim with the state agency involved and with the state Department of Financial Services. After a fatal accident, a wrongful death claim must be filed within two years. Local governments have similar deadlines and procedures.

The state has six months to investigate, after which you may file a lawsuit if the government does not offer an appropriate resolution. You may sue sooner if the agency formally denies your complaint sooner.

If your case proceeds to a lawsuit, there are still a few restrictions on your claim. You cannot:

• Hold a government employee individually liable, unless you can show that the employee intentionally caused harm
• Collect more than $200,000 in damages or $300,000 if more than one party is involved.

The state may appeal any resolution of the case.

In the end, you will need the help of an experienced car accident lawyer if you have been significantly injured in a car accident caused by the effects of bad road conditions.

Our attorneys at Chiumento Law have experience handling injury claims involving poor road and highway maintenance. We understand the evidence to seek to develop a persuasive claim to hold a government agency accountable for your losses.

Your claim must show that:

• You were injured because of a flaw in the roadway or other infrastructure the government agency had responsibility for building or maintaining.
• The government agency knew or should have known the flaw existed but failed to remedy it in a timely manner.
• The losses you have suffered can be remedied by payment of damages to you.
• A Florida court hearing the same allegations about a private party would find the defendant liable.

If you ever encounter bad pavement again while driving, you should: 

1. Lower your speed.
2. Stay on the same lane if possible.
3. Drive safely until you reach good pavement conditions.

Call Our Palm Coast Car Accident Lawyers

If you have been injured in a car accident caused by a Florida governmental agency’s negligence, our law firm will stand up for your rights and aggressively pursue the maximum compensation you are entitled to seek. Call our firm or contact us online today to arrange a free initial consultation.