Florida accidents are sometimes caused by hazards on our roads and highways. Determining who is responsible for them can be challenging, but a knowledgeable attorney can carefully explore your options if you were injured in this type of situation. At Frankl & Kominsky, our car crash lawyers represent victims near West Palm Beach and surrounding communities. We can review your case and discuss who may be held liable for the hazard that caused your harm.Common Types of Road Hazards
A road hazard is any condition on a road or highway that can cause an accident. Potholes, debris, tree limbs, and other potentially dangerous conditions can result in a car crash. For example, a driver may lose control of a vehicle if he or she attempts to dodge cargo that has been dislodged from a truck and fallen onto a roadway. As a result, that person may end up crashing into another vehicle, a structure, or the sidewalk.
Drivers should remain alert for any possible hazards on the road, but accidents can still happen. The victim of a car crash can hold the party responsible for causing the dangerous condition accountable for his or her injuries. The appropriate defendant may be either a private entity or, in some cases, a government entity.Hold a Private Entity Accountable for Causing Your Injuries
Careless actions can cause a road hazard that in turn leads to an accident. Negligence is a party’s failure to act with reasonable care, and many auto crashes are the result of it. To prove that a defendant in your case was negligent, you must show that:
- You were owed a duty of care by the defendant;
- The defendant breached the duty; and
- The breach caused your injuries; and
- You incurred quantifiable damages.
For example, a big rig driver must take reasonable care if he or she is hauling cargo that could possibly be hazardous if it falls onto the highway. A trucking or shipping company must also take proper measures to secure loads to prevent them from falling off their vehicles. A breach could consist, for example, of overloading a truck or failing to operate it with the precautions appropriate for its hazards. The truck driver’s employer might also be liable under a theory of respondeat superior if one of the trucker’s duties, as an employee, was to properly secure the cargo on the vehicle, and his or her negligence in failing to do so caused your injuries.Filing a Lawsuit Against a Government Entity
Government entities, such as municipalities, are responsible for road maintenance. If a pothole, tree limb, or other hazard caused your accident, you may try to hold the entity responsible for maintaining the roadway liable for your injuries. Florida waives sovereign immunity regarding liability in tort actions where a private entity would be liable to the victim. For example, under premises liability, a property owner would be responsible for harm caused by dangerous conditions on its property. A government entity correspondingly can be held accountable if its failure to repair a road hazard caused your injuries.
In some cases, a victim’s own actions may have contributed to the crash. If this happens, a court will decide whether he or she was partly responsible. The victim can still recover damages for any losses that he or she can prove, but the amount will be reduced in proportion to his or her degree of fault.
If you succeed in a negligence claim, you may be able to get compensation for harm related to the car accident, including medical expenses, lost income, property damage, pain and suffering, and more. You typically have four years to file a Florida personal injury claim, but if the defendant in your case is a government entity, you must present your claim to the appropriate entity within three years after the crash happens.Aggressive Auto Accident Lawyers Serving West Palm Beach Residents
At Frankl & Kominsky, our auto accident attorneys take pride in asserting the rights of injured individuals throughout West Palm Beach. If you were involved in a collision caused by a road hazard, we can determine who may be responsible for your harm, and how you can hold the negligent party accountable. We serve clients in Palm Beach Gardens, Boca Raton, and Delray Beach, among other nearby communities. For a free consultation, call us at (855) 800-8000 or fill out our online form. We are fluent in Spanish and Creole.