Car Accidents Caused by Unsafe Road Conditions from a Weather Event; What are the Legal Options

A clear majority of car accidents are caused by negligent drivers or defective automobile parts. However, defective road conditions can sometimes contribute to accidents, especially after bad weather events. A recent sinkhole that opened up in Hollywood in late July 2019 is a good example.

At our firm, we do everything in our power to get our clients compensation after a terrible accident. Reach out to us to discuss your options.

Types of Road Defects

A bad storm can cause all kinds of unsafe conditions on our roads, such as:

  • Potholes
  • Fallen branches and leaves
  • Debris in the road
  • Sinkholes
  • Deteriorated shoulders
  • Collapsed guardrails

These hazards can easily cause a driver to lose control, which can send them off the road or into oncoming traffic, leading directly to a collision.

Legal Options after an Accident

In terms of receiving compensation, you will need to identify who is responsible for keeping the roads safe. If you were injured on a public road, then you will need to submit a claim to the government entity charged with maintaining the road.

Of course, not every hazardous condition can support a lawsuit. The city or state needs enough time to fix the road. If you head out immediately after a hurricane—or during a hurricane—you probably can’t hold the government responsible since they did not have any time to identify, assess, and fix any hazards. Also, the government needs to be made aware of a condition like a pothole, so it matters how long the hazard has existed.

You also need to look at your own actions. If you drive during a hurricane, for example, you are willingly taking a risk. You can’t blame the government for your own behavior, so the car accident in this example would probably be your own fault.

Contact a Miami Car Accident Lawyer

Bringing a claim against a public entity is complex. There are different deadlines that apply and hoops that you need to jump through. To strengthen your case, you should meet with an attorney who has brought many claims against public entities before.

Florida sees its fair share of weather events, and they can make our roads unsafe. If you were injured, contact Dolan Dobrinsky Rosenblum today. Our lawyers are ready and waiting to help you get the compensation you need. Call 305-371-2692 to schedule a free consultation.