Lawsuits involving dangerous road conditions can be complex and lengthy. If you have been the victim of an accident caused by dangerous road conditions and you are considering filing a lawsuit, it is important that you understand the legal process and the various factors that can affect the outcome of your case.
This article will provide an overview of what you need to know about lawsuits involving dangerous road conditions, including the types of damages that may be available, how to prove liability, and how to determine the best course of action for your case.
With this information, you will be better equipped to make informed decisions after being in an accident involving dangerous road conditions.
Overview of Suing for Dangerous Road Conditions
When someone suffers damage as a result of dangerous road conditions, a type of negligence may have been committed. In a dangerous road condition lawsuit, the victim may be able to recover any damages resulting from the negligence, such as:
- Medical bills
- Lost wages
- Pain and suffering
Damages can include compensation for any special expenses, such as future medical care, that resulted from the accident.
A road condition lawsuit is different from a slip and fall case; however, they both involve negligence. If a dangerous road condition is present, the party responsible for maintaining the road is responsible for taking prompt action to correct the problem. If the condition is not corrected in a reasonable amount of time, any victims of the condition may be entitled to compensation for their injuries.
Types of Damages Available in a Road Condition Lawsuit
There are a number of different types of damages that you can seek compensation for in a road condition lawsuit:
- Medical bills – If you were treated for any injuries resulting from the accident, you might be eligible to collect money for the medical bills you incurred.
- Lost Wages – If you missed work as a result of your injuries, you might be eligible to collect lost wages. These damages might be reduced, however, if you were only out a few days or had a relatively minor injury that required little medical treatment.
- Pain and suffering – If the accident was particularly traumatic, or if you suffered serious injuries, you might be able to collect damages for pain and suffering.
- Additional Expenses – If you incurred additional expenses as a result of the accident, such as the cost of renting a vehicle while your vehicle was being repaired, you might be eligible to collect these expenses.
Proving Liability in a Road Condition Lawsuit
In order to prove liability in a road condition lawsuit, you must show that the city or municipality knew about the condition and failed to correct it in a timely manner. Furthermore, you must be able to show that the dangerous condition should have been reasonably expected to be noticed and corrected by the city or municipality.
Let’s take a look at some of the common examples of dangerous road conditions that could lead to a lawsuit:
Inoperative Traffic Control Devices
Inoperative traffic control devices—such as inoperative traffic lights, stop signs, or signals—are a common cause of road accidents. Generally, the city or municipality that owns the road is responsible for keeping it safe for traffic and maintaining traffic control devices.
If a traffic control device is inoperative and causes an accident, someone could be liable for the injuries resulting from the accident.
Ruts, Potholes, or Bumps
If a municipality fails to maintain its streets in good repair, such that they are covered with ruts, potholes, or other bumps, it might be liable if an accident occurs.
Generally, a city or municipality is required to maintain its roads in a safe condition. If the road is in such a poor condition that it poses a danger to travelers, the city or municipality might be liable for any resulting accidents.
Poor Lighting
In many areas, the city or municipality is responsible for the upkeep of public streets and sidewalks. This includes the upkeep of lights on public streets. If a city or municipality neglects to maintain lighting on a public street in good working order, and an accident results, the city or municipality might be liable for injuries.
Debris in the Roadway
Generally, a city or municipality is required to remove debris from public streets. When a city or municipality doesn’t remove dangerous debris, such as a broken down car or large pieces of wood, and an accident results, they risk being liable for damages.
Consulting a Personal Injury Attorney
If you have been the victim of an accident caused by dangerous road conditions, you may be able to recover damages. While you may be able to file a lawsuit on your own, it is generally advisable to work with a personal injury attorney.
A qualified personal injury attorney can review the details of your case and tell you if you have enough to go on to file a lawsuit. Filing a personal injury lawsuit can result in a large payout. South Florida legal firms like Anidjar & Levine don’t charge until they win.
Have You Been Injured by Dangerous Road Conditions? Call Anidjar & Levine!
It’s important to check road conditions before traveling. Unfortunately, you can still encounter the unexpected even if you check road conditions before you leave. Being in an accident involving dangerous road conditions can inflict a lot of damage leading to pain, suffering, and even trauma. If you have injuries that have been caused by dangerous road conditions, you could stand to win a considerable amount of money for the damages.
Anidjar & Levine have experience handling cases involving dangerous road conditions. Don’t hesitate to call our office; we’re here to help.
In an accident? The Law Offices of Anidjar & Levine Can Help.
Our injury attorneys assist people in Florida who have been injured in traffic accidents caused by negligent drivers, road rage, and more. Contact us today to explore your legal options and determine if you qualify for financial compensation. You may be able to collect compensation for medical bills, loss of wages, disability, and other losses related to your injuries.
Call the Law Firm of Anidjar & Levine at 1-888-816-9520 for a free consultation.
