Have you suffered injuries as the result of a car accident caused by unsafe road defects in Miami? State agencies have a responsibility to make sure road conditions are safe and will not increase the likelihood of accidents.
When they do not, you should be entitled to compensation for their negligence. These claims can be complicated and difficult to navigate.
Fortunately, you do not have to handle this on your own.
The Miami road defects lawyers at Lavent Law, P.A., are experienced in dealing with these often-challenging cases, and we can help you hold the responsible parties accountable.
Call our law office to set up a free consultation to discuss your options today.
How Can Lavent Law Help if You Have Been Injured Due to a Road Defect in Miami, FL?
We should be able to trust in our government to provide safe roads that protect motorists and pedestrians.
Unfortunately, that is not always the case. Road defects are one of the most common, destructive, and frustrating obstacles that Florida drivers deal with on a regular basis.
When Floridians experience a solo motor vehicle accident or fall on the road as pedestrians, they mistakenly believe no one is at fault since there was no other individual involved.
However, there may in fact be another party responsible—the governmental entity in charge of monitoring and maintaining roadways.
At Lavent Law, P.A., our Miami personal injury lawyers know how to pursue a case against the entities responsible. Typically, they will claim all necessary steps were taken and that any defects were part of natural wear and tear. We’re well aware of these tactics. Better yet, we know how to address and refute these claims.
Our car accident attorneys will investigate the accident and seek out all records associated with the entity’s scope of responsibility to discover if they have in fact done their job. We understand the court system and legal requirements for bringing a suit against the government.
In some cases, insurance companies will contact you to make a settlement offer. Our Miami personal injury attorneys are equipped to assess the offer and negotiate with the insurance company to ensure you get a fair offer that will cover the physical and emotional damages you have sustained.
Give our Miami law firm a call today to arrange a free consultation.
What are Road Defects?
There are many different types of defective road conditions. Sometimes it can be difficult for drivers to determine whether or not an occurrence is a legitimate road defect.
Examples of common road defects include:
- Abandoned construction debris
- Excessive oil or gravel
- Inadequate warning signs
- Poorly laid out construction zones
- Defective or absent street lights
- Improper highway division lines
- Dangerous intersections
- Damaged tunnels
- Defective bridges
- Roadway design defect
- Shoulder drop-offs
- Missing guardrails
- Overgrown vegetation
- Cracked asphalt
If you are unsure if your accident was caused by a road defect, our car accident lawyers can help you make that determination. We know what to look for and are familiar with the various conditions that can constitute defects.
Road Defects Can Cause Many Types of Auto Accidents
Because of the vastly different types of road defects, there are also a variety of damages that can occur. The following motor vehicle damages are fairly common:
- Intersection crashes such as the common T-bone, are often a result of traffic light malfunctions. If the roads are defective, a head-on collision is also a possibility. Head-on collisions have the highest fatality rate of all collisions.
- Single car accident
- Damage to tires/rims
- Damage to vehicle frame
- Cosmetic damages including dents, scratches, etc.
- Bodily injury or wrongful death
If a road defect contributes to a car accident and you suffer physically, emotionally, or financially, call Lavent Law, P.A., to discuss your legal options.
Bicyclists are at grave risk for suffering an accident due to defective road conditions. With nothing to protect their bodies, bicycle injuries are often quite severe. Florida has the highest number of deaths for bicyclists in the nation. According to the National Highway Traffic Safety Administration, 783 bicyclists suffered fatal injuries in the year 2017.
Poor road conditions are also a hazard to pedestrians. In an attempt to avoid a pothole or cracked asphalt, drivers often swerve off the designated roadway. This can result in the driver unintentionally striking a pedestrian. The Governors Highway Safety Association (GHSA), an organization covering all 50 states, estimates that in 2019, 6,950 pedestrians were killed by automobiles in the United States.
Who is Responsible for Defective Road Conditions?
Road defects are typically the result of negligence. Defects can be present on any Florida roadway, including highways, city streets, residential neighborhoods, as well as business and personal properties. In some cases, it may not be the government but a private entity or individual. Therefore, determining who is liable for damages can be a complex situation.
Do not let the confusion of not knowing stop you from pursuing compensation if you feel that you suffered damages as a result of a road defect. Call us at Lavent Law for help.
Property or Business Owners
Property and business owners can be held responsible if the roads on their property are defective and the cause of injury. These people are responsible for upkeep of safe roads, placing proper warnings and road signs as needed to ensure safety.
The construction and maintenance of public roads is the responsibility of state and local governments. If you are injured due to a road defect on a government highway or city street, a government entity is likely to be responsible for your damages. Government agencies are responsible for maintaining safe road conditions.
The state of Florida has waived its legal protection from lawsuits, which means citizens can sue the government for negligence. There are strict limitations, however, so it is important to hire a lawyer as soon as possible to help ensure you follow the rules. The situation can be complex, and there may be more than one entity liable.
Construction companies can also be held liable if the road defect is a result of their poor workmanship or management of their jobsite debris.
Contact a Miami Road Defects Lawyer Today
If you suffered an injury as a result of a road defect in Miami, FL, contact Lavent Law, P.A., immediately. There is a time limit within which you must bring your personal injury case. While most personal injury cases in Florida fall within a four-year statute of limitations, those involving road defects are often subject to accelerated timeframes. When a government entity is involved, you’ll have a matter of months – not years – to take action.
Our Miami road defect lawyers can help you understand your rights and take action in a timely manner. Call our law office to get started today.