South Florida Injury Lawyer Blog
It is possible to sue a government entity for harm caused by negligence, but the government and the courts do not make it easy. If you believe poor road conditions, maintenance, or signage contributed to your traffic accident, you will require an experienced Florida personal injury lawyer to help you with your Florida personal injury lawsuit against the government.
Road conditions and responsible parties
Anyone who owns property has a duty to keep that property safe. When negligence leads to injury, the owner may be liable to compensate the injured party. It is the same for government municipalities that own or maintain roads.
The state of Florida is responsible for maintaining state roads, and local cities, towns, or municipalities may be responsible for roads that they own. Government authorities may contract with other entities for road maintenance and repair. Ultimate authority remains with the owner, but the contractor may also be liable for negligence.
Accidents may be caused by:
- Potholes, sinkholes, crumbling asphalt, and other types of road deterioration
- Frequent flooding due to poor drainage
- Unclear or confusing signage, old or damaged signs, and overgrown vegetation obscuring signs
- Broken or missing guardrails
- Poor visibility due to obstructions (signs, tree limbs, etc.)
- Poor road markings: worn off, passing or turning lanes obscured or confusing, no rumble strips
- Confusing traffic patterns
- Malfunctioning traffic lights
- Frequent road debris in an area known for hazardous debris due to overgrown road vegetation
- Hazardous areas known for frequent accidents
- Improperly marking road work
The government entities that own the roads are responsible for addressing hazards in a timely manner. Failure to do so could be deemed negligence in a personal injury lawsuit.
Challenges in suing the government
As a lifelong Floridian and experienced personal injury attorney, I have represented many fellow Florida residents against negligence on the part of the state or local government. Whenever a client has been involved in an auto, bicycle, or pedestrian accident on the road, I investigate to determine if road conditions were partly responsible. This may not be immediately apparent. For instance, it may require research to determine if a hazard had been previously reported. Another possibility is that accidents frequently occurred in that area but the problems were not addressed in a timely manner. If so, this could be grounds for negligence.
A common law principle known as “sovereign immunity” has, for centuries, prevented citizens from suing the government. However, this principle is often disregarded by judges, who recognize that it is important for governments to be held accountable to their citizens for safety and security. For the most part, you cannot sue an individual who works for the government and who was acting in an official capacity unless that person committed egregious negligence or intentional acts of malice.
In Florida, accidents caused by road conditions must first be reported to the agency responsible, filing a formal complaint that describes the incident and lists damages. You have three years from the date of the accident to file a formal claim with the state, but only two years if there was a fatality. Local municipalities have similar statutes of limitations. The agency then has six months to respond or to reimburse you. If they do not respond during that time, they deny your claim, or you believe their response is insufficient, you may file a suit.
If you have been injured in an accident involving a car, truck, motorcycle, or other vehicle, contact me from anywhere in Florida at (954) 448-7288, 24/7 for a free consultation to discuss your case and to help you navigate the challenging steps involved in pursuing compensation from the government. I leave no stone unturned to help my clients receive the compensation they deserve.