Most car accidents are the fault of drivers, but sometimes the surface you are driving on is the culprit. When the road is the reason for the crash, you may have a compensation claim against the unit of government that owns the road.
Claims against government entities are subject to different rules than other car accident claims, but the car accident attorneys at Colling Gilbert Wright know how to pursue them to a successful result. Other lawyers and community leaders use our firm when they or their loved ones require representation in a car accident injury case. We can obtain maximum compensation for people injured in car accidents caused by defective roads in Kissimmee.
How Do Roads Cause Accidents?
Florida roads take a lot of punishment, especially in high-traffic areas like Kissimmee. There are numerous ways that defects in road design, construction, or maintenance can lead to wrecks.
When you are in a wreck, and you believe road conditions were a factor, an attorney at The Florida Firm in Kissimmee could investigate. When necessary, we could engage a civil engineer or accident reconstruction specialist to identify the specific problem and help us gather evidence to support your case.
Design Issues
Sometimes roads are designed with poor sight lines, turns that are too sharp for safety when driving at the speed limit, merge lanes and on/off ramps that are too short, or narrow lanes. Any of these issues increases the likelihood of accidents.
Construction Problems
When roads are resurfaced, it raises the height of the driving surface, which can lead to abrupt shoulder fall-offs if the construction crew does not address it. Choosing the wrong materials, improperly preparing the surface before paving, or failing to make adequate allowances for drainage can cause water pooling, inconsistency in the road surface, and even sinkholes.
Maintenance Failures
Infrastructure problems, such as confusing or missing signage, poor lighting, and worn lane markers, can lead to accidents. Broken barriers and abrupt shoulder fall-offs could mean that a relatively minor accident becomes more serious. Failure to remove debris or repair faulty road surfaces promptly is a frequent cause of accidents.
The Process for Filing an Injury Claim Against the Government
Most roads in Kissimmee are owned and maintained by the city, county, or state. The government is generally protected from lawsuits due to a doctrine called sovereign immunity. Florida Statutes § 768.28 allows you to file a claim if you were injured due to the negligence of a government employee, but there is a specific process to handle these claims.
You first must send a notice of claim to the responsible agency and the Florida Department of Financial Services. A Kissimmee lawyer can ensure the notice contains all the necessary information about the defective road and your injuries, and file it with the correct agency on time.
The agency then has 180 days to consider your claim, and you may not sue until it has accepted or rejected it. If the claim is not resolved within six months, you have one year to file a lawsuit.
Limited Damages in a Claim Against the Government
If you suffer serious injuries in a vehicle accident and can prove another party was negligent, you can claim reimbursement of your financial losses plus compensation for your pain and suffering. However, the law limits the amount of damages you can collect from a government defendant.
An individual can receive no more than $200,000, and an agency’s total payout per incident cannot exceed $300,000. If you were permanently injured or if multiple people were hurt in the accident, these limits may not provide adequate compensation. In addition, you may not seek punitive damages against a government defendant.
When your losses exceed the cap or if a jury’s award is more than the cap amount, you cannot collect the excess unless the State Legislature approves the expenditure. You must seek this relief through a procedure called a Claims Bill. An experienced Kissimmee defective roads attorney could guide you through this process.
Contact a Kissimmee Lawyer to Pursue Damages for Injuries Caused by a Defective Road
You need skilled and experienced counsel to get fair compensation for car accidents caused by defective roads in Kissimmee. We have an impressive record of obtaining substantial settlements and verdicts in car accident cases, and we charge you nothing until we resolve your case in your favor. Reach out to us today to schedule a free review of your car accident case.