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Why do road conditions factor into a personal injury suit?

| Jan 7, 2021 | Personal Injury |

Negligence frequently contributes to accidents on the road as do weather conditions and other things outside of anyone’s control. The road condition is an important factor for drivers in Florida who seek civil remedies in court. A common question may arise: Did the local municipality’s negligence factor into an accident?

A duty to care for the roads

Roads could suffer from wear and tear, and surfaces may degrade. Potholes and other imperfections might develop. If a vehicle hit a pothole and the tire blew out, and then the car hit a guardrail, could someone sue the city in court? The litigant might not find filing the suit difficult, but several issues may come up. If the city knew about the problem and failed to remedy it, that might indicate negligence. However, if the tire was in terrible shape and long overdue for a change, the plaintiff may share the blame.

Other instances may direct more blame toward the municipality. What if a stop sign ended up knocked over? Drivers not stopping at an intersection where there’s no stop sign for cross traffic could lead to accidents. If the city failed to replace the stop sign even after another accident already took place, the city might find itself liable.

Other drivers may contribute to negligence

Drivers who compound bad road conditions with unsafe driving behavior could face negligence claims. Tailgating a car that stalls after hitting a pothole might cause a severe accident. The question may arise in court as to whether the accident would be as bad if the other driver wasn’t tailgating.

Other traffic violations, such as speeding, making unsafe lane changes and drunk driving, may contribute to accidents. A drunk driver may need a criminal defense attorney as well as a civil one.

The local town may find itself liable for road condition-related auto accidents within its jurisdiction. However, drivers might be held negligent for their behavior as well. An experienced attorney may help someone involved in an accident evaluate their case.

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