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Road Conditions And Auto Accidents

Road Conditions And Auto Accidents

Generally, when an auto accident occurs, it’s the fault of at least one driver if not partially the fault of both drivers in a two-vehicle collision. While Florida has laws of comparative fault that help to clarify liability and damages if a lawsuit is filed for personal injury, there are still auto accidents that are not the fault of any driver. Instead, these accidents could be due to the negligence of those charged with keeping road and driving conditions safe.

Below you’ll find information regarding what could constitute a valid lawsuit against a public entity such as a local or the state government in response to an auto accident. You’ll find examples of negligence that could occur as well as information regarding how you should proceed if you or someone you love has been harmed in an auto accident in or near Miami.

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The Duty of Government

The government is in charge of our roads and public passageways. They tax the population for the cost of maintaining these roads, employ people and hire companies to repair and maintain them and they construct new roads, additions to existing roads and repair damaged roads when it’s necessary.

As a result, the government encounters a legal duty to keep the driving conditions as safe as possible for anyone who uses these areas. This duty is one that’s measured the same way as any other legal duty, in that those in charge of the roads must act reasonably when compared to reasonable conduct under similar circumstances. If someone is harmed because of negligence in the care of these public roads, those who oversee them could be liable for damages.

Examples of Potential Public Entity Liability

There are several examples of potential liability for a government entity in regards to negligence when maintaining safe driving conditions, and many of these situations do arise. Below are two of these examples:

  • Failure to repair traffic signals – When a traffic signal malfunctions, the municipality is expected to reasonably proceed to the necessary repairs. If a traffic light is left unrepaired for an unreasonable amount of time and an accident occurs, it could expose that municipality to liability.
  • Failure to repair road damage – When obviously problematic issues with roads arise such as pot holes, craters and sunken concrete that make traveling along them dangerous, the local, county or state government is expected to make the repairs necessary and to prevent people from encountering this risk before and while these repairs are being done. Failure to do so could lead to liability if someone is injured as a result of using them.

If you or someone you love has been injured in an accident that’s the result of improperly maintained roads, you need legal help, as pursuing a claim against a public entity involves more steps than pursuing a claim against a private party. Contact the Miami auto accident attorneys at Bernstein & Maryanoff today to schedule a free initial consultation.