Traversing Florida’s picturesque roads can be an enjoyable experience as drivers take in the serene landscapes and sunny skies. However, the streets themselves may not be in as good shape as the surrounding scenery. Poorly maintained roads can pose a significant risk to motorists, often leading to accidents and injuries. When these accidents occur, knowing who can be held liable for your losses is essential. While the Florida Department of Transportation (FDOT) assumes a central role in maintaining road infrastructure, other parties may share liability for accidents caused by poor road conditions.
At Marsalisi Law, our renowned attorney, Frank P. Marsalisi, is dedicated to helping accident victims in Florida hold government agencies and other possible liable parties fully accountable for the harm they have caused. He understands how stressful the aftermath of a car accident can be and will personally handle every aspect of your claim. He has a wealth of experience helping car accident victims recover the maximum monetary compensation available and is ready to apply his knowledge and skills to your unique case.
Possible Liable Parties in an Accident Caused by Poor Road Conditions
If you were injured in an accident caused by road maintenance issues such as a pothole or crumbling asphalt, you may have grounds to file a claim against the party responsible for keeping the roads safe for motorists and passengers. Depending on the circumstances surrounding your claim, one of the following parties may be liable for your injuries and other losses:
The Road or Highway Authority
Often, FDOT or city authorities responsible for constructing and maintaining the road may be liable for a road-related accident. However, claims against government agencies must abide by strict timelines and procedures, making them challenging to pursue on your own.
The Road Construction or Maintenance Contractor
Government authorities typically hire private contractors to construct roads and perform maintenance. If a contractor is at fault for the hazardous road condition that caused your accident, the contractor may be liable for your losses.
The Manufacturer of the Road’s Construction Materials
From asphalt to guardrails, nearly all products used to build Florida’s roadways have the potential to be defective. If your accident resulted from a product defect, you may have grounds to file a claim against the manufacturer.
When you retain our services, our attorney will extensively investigate your claim to determine the cause of your accident and who may be held accountable.
Can I Sue a Government Agency for My Injuries?
Although government agencies have sovereign immunity to protect themselves from lawsuits, Florida Statutes section 768.28 waives this immunity in certain situations, including when the government is responsible for injuries. In other words, you are legally allowed to sue the government agency liable for poor road maintenance and your subsequent damages.
However, claims against government agencies like FDOT follow strict rules and timelines. To begin your case, you must first submit notice to the government agency within three years of your accident. Then, the agency will conduct an internal investigation within six months of your notice. After this period, you will be notified if your claim was accepted or denied. If the agency denies responsibility or fails to inform you that your claim was denied, you may file a lawsuit.
Keeping up with the time limits and regulations surrounding government claims can be challenging. It is essential not to leave your claim to chance. An experienced attorney can thoroughly investigate your case and apply their extensive knowledge of Florida personal injury law to ensure you meet all deadlines and pursue the justice you deserve.
Discuss Your Case With a Trusted Car Accident Attorney at Marsalisi Law
If you have been injured in an accident caused by poor road conditions in Florida, do not hesitate to contact Marsalisi Law. Our skilled attorney, Frank P. Marsalisi, is fluent in English and Spanish and is dedicated to taking a personalized approach to every case to ensure your concerns are heard and addressed. When you partner with him, you can have peace of mind a first-class legal professional will handle your case. To learn more about how our legal team can help you, schedule a free consultation today by calling (727) 800-5052 or completing our contact form.
Marsalisi Law is where the law gets personal!