Poor Road Conditions: the Consequences and Who’s to Blame

Across the country, car accidents are unfortunately all too common. The state of Florida is not immune to incidents on the road. Often, crashes occur due to distracted driving, poor decision-making, or disregarding traffic laws. Weather conditions can also be a factor. Though less frequently a cause, unsafe roads can also play a role in car accidents. In such cases, you may wonder whom to hold liable for any damages and injuries you suffer. After all, even minor car collisions can result in significant injuries and consequences.

The role of government in maintaining safe roads is a consideration in car accidents and determining who is at fault. If you believe you were injured because local, state, or federal agencies failed to properly design, build, or maintain roads, you should consult an attorney. You might be entitled to compensation.

Can You Sue the Government?

In a car accident where road conditions were the cause, a victim may first ask whether it is possible to hold the government legally liable. Though an individual could sue the federal government or a state or local government agency, it is different and not as clear-cut as suing a person or company. For example, the government has protection via a concept known as sovereign immunity, which prevents people from filing lawsuits against the government. However, in the United States and Florida, specifically, there are limitations. Moreover, the government has waived some protections.

You can sue the U.S. government if an employee harmed you while acting under his or her duties. You could also sue if a government vehicle causes an accident or if an injury occurs on government property due to unsafe conditions. In Florida, like other states, you can sue if state or local roads are not well-maintained, and this lack of maintenance causes an accident.

Limitations

Car accidents can result in severe, widespread injuries. The effects can cause tens or even hundreds of thousands of dollars of damage. Claims against other drivers in personal injury lawsuits can reach beyond millions of dollars, especially when lost earning power and pain and suffering damages are part of the lawsuit. However, when the accident is due to poor road conditions that the government failed to maintain, there is a cap on how much you can claim and receive. In Florida, a claim or judgment against the government may not exceed $200,000. The limit for multiple injured parties in the same incident is $300,000.

Common Examples of Poor Conditions and Lack of Maintenance

Just as motorists have a duty to drive safely, avoid distractions, and not drive under the influence of drugs or alcohol, government agencies are responsible for ensuring roads are safe to drive on. If government road crews, engineers, and other officials fail to provide proper upkeep on roads and highways, accident victims may hold the government liable.

Road damage is one of the most frequent culprits and examples. Driving over a pothole can damage a vehicle, contribute to a collision, or lead to injuries. Cracks in the road or uneven pavement can also pose similar issues. City, state, or federal employees in charge of repairing such damages should do so promptly. Insufficient lighting can also cause accidents, as can an absence of guard rails or other barriers on the roadway. Crews and officials should also place warning signs and other safety information in visible places. When these are missing or unreadable, the roadway can be dangerous. Unmarked roads and broken traffic signals can also cause crashes and subsequent injuries.

Though the government cannot be directly responsible for weather conditions and their cause of accidents, roads should be designed and constructed to mitigate some weather-related issues. For instance, the Federal Highway Commission reports that wet pavements have caused more than 860,000 crashes and more than 4,000 deaths in the past 10 years. This adds up to 15% of vehicle crashes. If improper road design and substandard draining cause rainwater to pool, roadways could be wetter than they should be, thus increasing the risk of accidents. An accident victim could hold the government liable in such a case.

Common Injuries in Car Accidents From Poor Road Conditions

Car accidents can range from minor cuts, scrapes, and bruises to life-altering, extensive injuries, such as loss of limbs, paralysis, or vision impairment. Many accidents cause injuries that lie somewhere between minor and catastrophic. Yet, almost any car accident injury can affect a person’s health in one way or another.

Head and neck injuries are among the most common in car accidents, including those due to poor road conditions. Whiplash, where the head snaps back and forth like the cracking of a whip, can be the result of a rear-end crash. It causes intense or chronic neck pain, as well as dizziness, fatigue, and numbness in the arms. Concussions are also frequent results of crashes, as are other traumatic brain injuries. Other victims of car crashes suffer broken bones, burns, lacerations, or even damage to internal organs.

What Damages You Could Seek in a Vehicle Accident Lawsuit Against the Government

In addition to claiming damages for the cost of repairing the vehicle, you may be entitled to compensation for your injuries. If you owe money (or have paid out of pocket) for medical care, treatment, surgeries, medication, hospitalization, doctor’s office visits, rehabilitation, or medical equipment, your settlement can pay for these costs. You can also claim lost wages if you have been unable to work and have missed paychecks. Similarly, you may be able to claim lost future wages if your injuries are so severe that you will be unable to return to your job. Your attorney may also include damages for pain and suffering in the lawsuit. These claims could include any emotional and mental effects the accidents have caused.

Suing the government can be a more complicated prospect and process. However, you may be able to hold the government liable if you are injured in a car accident because of poorly built or maintained roads. An attorney can review your case and walk you through the next steps.