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Drivers in Florida trust that the highway designs city planners come up with put safety first. Unfortunately, even the best intentions don’t always result in truly safe streets. Properly designed highways and medians can help prevent accidents and related injuries, while poor designs can increase the risk of driver harms. After an accident on one of Florida’s highways, talk to an accident attorney at the Law Offices of David I. Fuchs about your eligibility for financial compensation from the government or another party. Talk to us even after a single-vehicle crash, as a highway design defect could be to blame.
Florida has several major highways and interstates running through it, including I-75, I-275, I-10, I-4, and I-95. In most cases, it is up to the government to design, repair, and maintain state highways. This must be done with due care, smart planning, and a mission to prevent foreseeable traffic hazards. Failure to use proper care in designing a highway can lead to many unnecessary risks, including:
The number of defects a highway’s design can have is limitless. A flaw in the design can be virtually anything that presents an unreasonable risk of harm to drivers and motorcyclists. A risk might be unreasonable if a reasonable and prudent design team would have noticed and avoided the hazard. To prove these types of car accident claims, you need an experienced team of attorneys.
The lawyer you retain for a car accident claim in Florida can make an enormous difference in how much you receive for your injuries and property damages. Claims against the government are especially complex, dealing with special rules and filing requirements. You’ll need legal assistance if you want to sue a state or local government entity for dangerous highway design, as these claims aren’t always easy to win. Retaining a good team of lawyers can give you peace of mind, as well as the upper hand in insurance claim negotiations.
To bring a personal injury or wrongful death claim against a government body in Florida, you must prove the government body caused the harm through an act of negligence. One cannot hold a government employee individually liable for a car accident unless the employer intentionally caused the crash. Instead, one must file a claim against the government agency that employs the individual. In the case of highway design defect, the government body liable might be the Florida Department of Transportation (FDOT).
If FDOT or another government body is responsible for designing a dangerous and defective highway, an injured party could sue for damages up to the $200,000 damage cap against government agencies ($300,000 if multiple government entities are liable). You have three years from the date of your accident to notify the designer of the highway of your intent to sue. To learn more about these complex lawsuits, get in touch with the Law Offices of David I. Fuchs.