Hazardous Roadway Accidents

Road Hazards Can Cause Serious Accidents: We Help Victims and Families Get Justice

Car accidents happen on American roads every day. Some of them are minor fender benders, some of them are destructive multi-car pile-ups, and some accidents are somewhere in between. There are many different reasons why road accidents happen, from driver error to mechanical failure to driver negligence. However, there are accidents that are not caused by other drivers but are caused by dangerous conditions on the road instead. No matter the cause of the accident, the people who were not at fault will need to get compensation to take care of any expenses caused by the accident.

What is a Hazardous Road Accident?

An accident caused by a road hazard is an incident that occurs when a driver loses control of their vehicle due to a hazard present on the road, resulting in a collision or other type of accident. Road hazards can include anything from potholes, debris, or fallen trees to slippery surfaces, construction zones, or poor visibility due to weather conditions. Accidents caused by road hazards can be particularly dangerous because they often occur suddenly and without warning, leaving little time for drivers to react. As reported by the Foundation for Traffic Safety (FTS), a significant number of serious car crashes happen because of road debris.

Common Road Hazards that Can Contribute to Collisions

Road hazards come in many forms, some of which cannot be controlled, and some of which are due to negligence on the part of someone else. But no matter what causes it, a road hazard is an unexpected and dangerous condition that could lead to an accident. Some of the most common types of road hazards include the following:

• Wet or Icy Roads: This hazard falls into the uncontrollable category since no one can modify the weather. However, drivers can control their reaction to dangerous road conditions and drive more carefully when the road gets slippery and dangerous.

• Poor Road Conditions: Things like potholes, poor lighting, and the lack of signage can pose a severe danger to drivers. Poorly maintained roads can develop cracks and potholes that can cause a car to lose control. Bad lighting can prevent drivers from seeing oncoming turns or obstacles. And lack of signposting can cause accidents at places like intersections.

• Badly Designed Roads: Some poor road conditions occur because the road is badly designed to begin with. For example, if the road has poor drainage, then water could accumulate in the rain and make the road more dangerous. Trees on the sidewalks could also end up obscuring road signs so that drivers cannot see them.

• Random Debris: Sometimes debris can end up on the road from random sources. Some of the cargo from a truck could fall into the road, a branch from a tree could fall into the road, or a rock from a nearby hill could roll into the road. There are many possible sources of debris that could end up posing an unexpected danger to drivers.

• Stray Animals: A stray animal that wanders into the road could end up causing big problems for drivers. The reason is that a driver might swerve or brake suddenly to avoid killing or injuring the animal and end up running into another vehicle or having a vehicle run into them.

Who Can Be Held Liable for Causing Road Hazard Injuries?

Liability for a road hazard accident can depend on a number of different factors, including exactly what happened and why it happened. If the hazardous roadway was a result of poor maintenance or poor design, then the party responsible for those actions can be held accountable for any accidents they caused. Parties that may bear liability for a road hazard crash include:

• Government Agencies or Municipalities: If the roadway is hazardous because it was poorly maintained, then the responsibility falls on the government agency that is supposed to take care of the roads and keep them safe for drivers.
• Private Companies: In some cases, a municipality or government will hire a private company to design or construct a road. If that company was negligent in its design and a design defect led to the accident, then the private company can be held liable for that accident.
• Private Landowners: If an accident occurs in a private area like a parking lot, then the party that is responsible for the upkeep and design of the private area is responsible for the accident.

Road Hazard Accident Injuries

Motor vehicle collisions caused by road hazards can result in severe, even life-changing harm. Here are some of the most common injuries that occur in crashes caused by hazardous roadways:

• Scrapes and cuts
• Whiplash
• Bruising and contusions
• Concussions
• Broken bones
• Spinal cord injuries
• Internal bleeding
• Amputations

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The Steps to Take to Document a Road Hazard After a Crash

If you have been involved in a car accident caused by a road hazard, it is important to document the hazard to support any legal action you may take to recover damages. Here are the steps you should take to document a road hazard after a crash:

• Take photographs and videos of the hazard and the surrounding area, including any signs or markings that may have been obscured or missing;
• Gather contact information from any witnesses to the accident, including their names, addresses, and phone numbers; and
• Report the hazard to the appropriate authorities, such as the police or department of transportation, and obtain a copy of the report. This will provide additional evidence of the hazard and its role in causing the accident.

What to Know About Personal Injury Protection (PIP) and Road Hazard Accident Claims

Florida is a no-fault auto accident jurisdiction. Minor and moderate injuries often fall under the victim’s own no-fault insurance policy (Personal Injury Protection or “PIP” coverage), regardless of who was responsible for the crash. You can still bring a PIP claim in a road hazard accident case. If you are unsure of which course to take, reach out to a personal injury lawyer in Fort Lauderdale for help.

What Damages Can You Recover From Your Hazard Accident Injuries?

In Florida, a person hurt in a car crash caused by a highway road hazard has the right to seek compensation for economic and intangible damages. Do not rely on defendants or insurers to look out for your best interests. You may be able to recover compensation for the following:

• Vehicle repairs;
• Emergency room treatment;
• Hospital bills;
• Other medical expenses;
• Lost wages;
• Loss of earning power;
• Pain and suffering;
• Disability;
• Disfigurement; and
• Wrongful death.

What is the Statute of Limitations for Hazardous Accident Claims in Florida?

In Florida, there is a four-year statute of limitations for car accident claims. Road hazard crashes are not an exception. However, there are some unique considerations that could result in a short deadline for taking action. For example, if you are bringing a PIP claim through your own insurer, you must notify the company promptly. Further, if you are bringing a road hazard claim against a government entity, you have far less time to take legal action.

There is a Special Process for Claims Against the Government

Should it turn out that the local government was responsible for the hazardous road condition, then the procedures are more complicated, but you can still hold them accountable. Federal agencies and employees can be held liable for any accidents they cause under the FTCA (Federal Tort Claims Act). The FTCA allows individuals to sue the government in cases that involve personal injury, property damage, or wrongful death. Florida Statutes § 768.28 controls claims against state and local government entities. Government employees can be sued if they were negligent while acting in their official capacity as government employees. However, the process is very exacting and intricate, which is why the aid of an experienced Fort Lauderdale car accident attorney is absolutely necessary.

How Can BK Law Firm Help in a Hazardous Accident Claim?

These are complex cases. You will have a tough fight on your hands no matter who is responsible for the hazardous road conditions that led to your accident. That is why you should contact a car accident lawyer in Fort Lauderdale right away. At Bernheim Kelley Battista, LLC, we are ready and willing to take on any party that is responsible for a hazardous roadway accident, whether they are a private company or even the government. With the specialized legal expertise needed to handle roadway hazard accident claims, we go the extra mile to help injured victims maximize their financial compensation.

At Bernheim Kelley Battista, LLC, our Florida road hazard accident lawyers have the professional skills, legal expertise, and specialized experience that you can rely on. If you or your loved one was hurt in a crash caused by a roadway hazard, we are ready to help. Call us now or connect with us online to set up your no cost, no commitment case review. With offices in Fort Lauderdale, Miami, Jacksonville, Starke, and Fort Myers, we handle road hazard claims throughout Florida.