While the majority of car accidents are caused by driver error, road defects nonetheless cause a significant number of wrecks each year and often leave victims with serious injuries that could have been avoided through proper planning or maintenance. Thankfully for victims, Florida law allows people to recover compensation for the losses they sustain as a result of accidents caused by road defects, provided they can show that the defect was the result of someone else’s negligence. Some of the more common road defects that cause serious accidents include the following:
- Inadequate drainage
- Overgrown vegetation
- Inadequate or missing signage
- Faded or missing lane markers
- Defective or substandard materials
- Misplaced road signs
- Broken or malfunction stoplights
- Unreasonably dangerous intersections
- Missing guardrails
- Shoulder drop-offs
- Construction site negligence
- Uneven pavement
- Inadequate lighting
Where Your Accident Occurred Can Have an Impact on Your Claim
Accidents involving road defects can often be more complicated than other types of personal injury cases, especially if they occur on a public road. This is due to the fact that under a legal doctrine known as sovereign immunity, a government can only be held liable for injuries to the extent that it has consented to such liability. Thankfully for the people of Florida, the legislature has allowed lawsuits against the government and its various agencies, albeit with significant limitations on how long victims have to file a lawsuit and how much victims can recover. For this reason, it is critical for victims of accidents involving defects on public roads to consult with a lawyer as soon as possible.
In regard to accidents caused by road defects on private property such as private drives or parking lots, these claims can proceed much like any other premises liability claim would – which is to say that victims should retain a lawyer in order to ensure that they receive the full and fair value of their claim.
Call an Ocala Car Accident Attorney Today to Discuss Your Case
If you have been involved in car accident in which you believe a problem with the roadway played a role, you should call the Ocala car accident lawyers of Meldon Law today. To schedule a free consultation with an attorney, call our office at 352-373-8000 or contact us online.