Can I Sue The City Or County For A Head-On Crash Caused By Poor Roads?
Yes, you have a legal right to sue the city or county for a head-on crash caused by poor road maintenance. For example, if the accident occurred due to missing signage or malfunctioning traffic lights, the government entities may be held liable. However, to win the lawsuit, you must prove government negligence and show the city knew about the dangerous road condition but failed to fix it.
Selected to the ASLA’s Top 100 Lawyers list, lawyers at Todd Miner Law know how to sue a city for car accidents in Florida. Our personal injury lawyers carefully review maintenance records, identify road defects, and expose government negligence. Call 407-894-1480 to file a personal injury claim against the government agencies.
Who Is Liable When Poorly Maintained Roads Cause a Head-On Collision?
When a head-on collision occurs due to hazardous or poorly maintained roads, the city or county responsible for maintenance will be held liable. Besides that, construction companies, private property owners, and the FDOT can also be held accountable if their negligence contributes to hazardous road conditions. Here’s when each party can be responsible for the head-on accident:
City or County
Under Florida law, the city or county is responsible when poor road conditions, missing signage, or broken traffic lights directly cause the accident. If the city fails to fix these issues after receiving complaints, it will be sued for negligence. In such cases, the city will cover the medical bills and other expenses resulting from the head-on collision.
Florida Department of Transportation (FDOT)
The Florida Department of Transportation (FDOT) is responsible for maintaining state highways and major roadways across Florida. If a head-on collision occurs due to poor roads, missing lane markings, or traffic signs on these roads, FDOT is liable. However, pursuing a claim against FDOT involves a specific legal process, such as:
- Filing a notice: You must submit a written notice of claim to the Florida Department of Financial Services and FDOT within 3 years (standard statute of limitations).
- Investigation period: FDOT has up to 180 days to investigate before you can move forward with a lawsuit.
- Filing in court: If your claim is denied, you may file a lawsuit in civil court to seek compensation.
Construction Companies
Construction companies or private contractors can be held liable when unsafe or unfinished roadwork contributes to a head-on collision. The construction crews have a duty to maintain safe construction zones, place visible warning signs, and clearly mark lanes. Failure to do so can make the company responsible for resulting accidents.
Private Property Owners
Private property owners can be held responsible for accidents when hazardous materials on their property affect public roadways. For instance, debris or poor drainage from private property can create an uneven pavement, increasing the risk of vehicles skidding (sliding unintentionally on the road surface) and causing accidents. In such cases, you can file a Florida road maintenance accident claim against the property owner.
Why Is It Important to Document Bad Road Conditions After the Crash?
Documenting bad road conditions after an accident is essential for establishing liability and protecting your right to compensation. For instance, taking clear videos of potholes, broken guardrails, debris, faded lane markings, or malfunctioning traffic lights right after the accident helps preserve evidence before it disappears. This video evidence can later be used in court to prove that unsafe and poor road conditions caused the collision.
Here’s the additional evidence you should gather to strengthen your case:
- Photos of vehicle damage and skid marks
- Close-up shots of the hazardous road area
- Witness statements or contact information
- Police or accident reports
- Maintenance or repair records from the city or county
- Surveillance or dashcam footage showing the crash site
After collecting the evidence, consult our experienced lawyers immediately. We will analyze your documentation, consult civil engineers, and gather maintenance records to prove government negligence or contractor fault. Call us today at 407-894-1480 for a free consultation and discuss your legal options.
How Does Sovereign Immunity Limit Claims Against Public Entities?
Sovereign immunity limits your ability to sue government agencies for accidents caused by unsafe or poorly maintained roads. In Florida, this doctrine protects cities, counties, and state agencies from lawsuits unless they consent to be sued (the government must give legal permission before a claim can move forward). However, under Florida Statutes §768.28, the state waives part of this immunity, allowing victims to pursue negligence claims in certain situations, such as:
- Failure to maintain roads properly: Neglecting potholes, sharp curves, debris, or uneven pavement.
- Neglecting known hazards: Ignoring previously reported dangerous conditions.
- Unsafe signage or traffic signals: Missing or malfunctioning signs or traffic lights.
- Improperly managed construction zones: Lack of warnings, barriers, or lane markings.
What Damages Can You Recover From a City After a Head-On Crash?
After a head-on collision, you can recover both economic and non-economic damages from a city or county. Economic damages include medical expenses (such as surgeries and therapy), vehicle repairs, lost income, transportation costs, and home care. Similarly, non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment in life.
Moreover, if road conditions contribute to a fatal accident leading to wrongful death, family members may recover additional damages. These damages cover funeral expenses, loss of financial support, and loss of companionship. Other than that, in cases involving extreme negligent behavior, you may also be able to recover punitive damages.
Are There Caps on Damages in Lawsuits Against Public Entities?
Yes, Florida law limits the amount you can recover in lawsuits against public entities. For example, under §768.28, the maximum payout is $200,000 per person or $300,000 per incident. These caps apply to claims against cities, counties, and state agencies, even when their negligence clearly caused the head-on collision. However, in severe cases, you may request the Florida Legislature to approve additional and fair settlement through a claims bill.
What Defenses Do Cities Use in Defective Road Conditions Lawsuits?
In lawsuits involving defective road conditions, cities often use sovereign immunity as a defense. This legal principle limits the government’s liability and can cap compensation for damages. Cities may also claim a lack of prior notice, arguing that the city was unaware of the hazard before the accident occurred, which can reduce responsibility.
Another common defense is that the hazard was open and obvious, and drivers should have avoided it. Additionally, cities may argue driver negligence, claiming that your actions, such as speeding or distracted driving, were the primary cause of the crash. If the government refuses to accept responsibility, challenging these defenses without a lawyer can be difficult. In such cases, you should contact our attorneys to protect your rights.
Can You Appeal if the City Denies Your Head-On Accident Claim?
Yes, you can appeal if the city denies your head-on accident claim in Florida. To initiate the appeal process, review the denial letter to understand why your claim was rejected. Also, consult with our car accident lawyer to gather additional proof, such as police reports, photographs of the scene, witness statements, and road maintenance records.
Once your evidence is ready, our lawyer can file a lawsuit in civil court against the city. Then, the court will review the evidence, determine whether the city was negligent, and decide on compensation for your losses. This process may take time, but it gives you a fair opportunity to challenge the city’s denial and seek the recovery you deserve.
Get a Free Case Review With Todd Miner Law To Sue the City or County After A Head-On Collision in Florida!
After a head-on crash, dealing with a city or government agency can be a confusing and stressful process. You may be struggling with strict notice requirements, deadlines, and complex sovereign immunity rules, which can make it difficult to pursue your claim on your own. That’s why, at Todd Miner Law in Orlando, Florida, our team guides you through each step and helps you recover the compensation you deserve. We take legal action against the government, gather evidence, and handle all the paperwork so you can focus on your recovery. Call 407-894-1480 or visit 15 Outer Rd, Orlando, FL 32814 to schedule a free consultation today.
FAQs
Can I File a Lawsuit Against Both the City and the Road Contractor?
Yes, you can file a lawsuit against the city and the road contractor if evidence shows they contributed to the crash. In Florida, cities are responsible for maintaining safe roads, while contractors must perform their work properly. If poor road design, negligent repairs, or lack of maintenance caused the accident, both parties can share liability and financial responsibility for your damages.
Will Filing a Lawsuit Against the City Impact My Car Insurance Rates?
No, filing a lawsuit against the city won’t directly raise your car insurance rates because the claim targets the government, not your insurer. However, if you file an insurance claim using your PIP or uninsured motorist coverage, it may appear on your insurance record, which can indirectly affect future premiums if the insurer views you as a higher-risk and negligent driver.
Can the Family File a Claim if Someone Was Killed in the Accident?
Yes, the family can file a wrongful death claim if someone was killed in a car accident involving the city. Under the Florida Wrongful Death Act, the victim’s personal representative can pursue compensation on behalf of surviving family members. The claim may cover funeral expenses, loss of financial support, emotional suffering, and companionship.
Do I Need a Police Report to Sue the City for a Crash?
No, you legally don’t need a police report to sue the city for a crash in Florida, but having one significantly strengthens your case. However, if you don’t have a police report, you can still file a claim by collecting other evidence, such as photos of the scene, witness statements, traffic camera footage, and maintenance records.
Does Suing the City Take Longer Than a Regular Car Accident Case?
Yes, suing a city usually takes longer than a regular car accident case because of the extra legal steps involved. Before filing, you must send a formal notice of claim to the city and wait up to six months for a response. Moreover, government cases often involve stricter procedural rules, which can extend the timeline before your case can move forward in court.
What Is the Maximum You Can Sue for a Car Accident?
There’s no fixed maximum amount you can sue for after a car accident. However, amount limits depend on who you’re suing and the damages involved. For example, when suing a private company, you can seek the full value of your medical bills, lost income, and property damage. However, lawsuits against a government agency are capped at $300,000 per incident under Florida law.
Do I Need a Car Accident Lawyer to File a Claim Against a City?
Yes, you need a car accident lawyer to file a claim against a city or municipality. These cases involve complex procedures and strict deadlines under sovereign immunity laws. A lawyer ensures that you meet all notice requirements and identifies the responsible city agency. They also gather evidence, including road hazard records, traffic signal data, and documentation of poor road conditions.
