Car Accident Attorneys in Miami Standing Up for Injured Victims
When deciding who was at fault in a car accident, many people automatically look to the drivers involved. While it’s true that negligent drivers cause many car accidents in the Miami area, what happens if you lose control and crash and you know you did nothing wrong? In many cases, the crash may have occurred due to poor road design.
Car accident cases involving dangerously designed roads can be complicated. If you think road design may be the cause of your crash, you need an experienced Miami car accident lawyer to evaluate your options right away. Do not wait, consult with Flagler Personal Injury Group for free today.
Defective Road Design Accidents in Miami
With about 15.4 million vehicles registered in Florida and many of those cars located in Miami, you can understand why it is essential to have safe roads that promote the efficient flow of traffic. Designing a roadway is far more complex than you may imagine, as you must design intersections, determine speed limits, plant traffic signals and signs, and much more. As such, there are many design flaws that can occur and lead to collisions.
Some design flaws that can cause single or multi-vehicle accidents include:
- Blind intersections
- Pavement materials that easily crack or develop potholes
- Obstructions that cover signs or signals
- Lack of guardrails or barriers
- Dangerous turns
- Speed limits that are too high for the road or curve
- Lanes that are too narrow
- Inadequate or unsafe shoulders
- Unsafe merge lanes or entrance and exit ramps
- Lack of height or weight warnings on bridges
- Failure to post necessary safety and traffic signs
- Improperly-timed stoplights
These are only some of the many design flaws that can suddenly cause a serious car crash.
In some cases, a defectively designed road will cause two cars to crash into one another. In other situations, a design defect can cause a driver to lose control and crash without involving any other vehicles. In both situations, it can be difficult to determine that the road design was the true cause of the accident. Instead, people involved may try to blame one or more drivers for being negligent when, in fact, they were driving safely. Wrongful blame can deprive accident victims of important compensation they deserve.
This is only one reason why you should consult with a Miami personal injury lawyer who can help identify the cause of your accident and all liable parties. Our accident law firm has the resources needed to investigate the true cause of a crash and hold the right parties responsible for your losses.
Liability for Your Losses
Most roads are designed, built, and maintained by government agencies such as the Florida Department of Transportation (FDOT) and the Miami-Dade County Department of Transportation and Public Works (DTPW). These agencies have the legal duty to ensure that all roads and highways are designed in a manner that is safe for motorists. When an inherent design defect causes an accident and injuries, the agency that designed the road is the negligent party and should be held liable for the losses of all injured victims. Losses can be extensive and may include:
- Medical bills and future medical costs
- Lost income and future lost earnings
- Pain and suffering
Seeking compensation from a government agency is an extremely different matter than seeking payment from an auto insurance company. Sovereign immunity laws generally shield government entities from legal actions and liability. However, Florida law waives sovereign immunity for tort actions based on the government’s negligence, which would include actions for personal injuries caused by road defects.
While it is definitely possible to file a claim against the government for dangerous roads, the law limits the amount of compensation you can receive and imposes special time limits and procedures. If you delay in speaking with an injury attorney, you may lose your chance to seek payment altogether. Moreover, you should consult with a car accident lawyer who has specific experience handling claims against the government.
The Florida government regularly defends against road design claims. This is because the law limits when the government can be held responsible for poorly designed roads. For example, government agencies cannot be held liable for defects resulting from any discretionary or judgmental decisions during the planning stage. However, you can take action if the defects occurred due to negligent road maintenance or other issues with operational functions. The right personal injury attorney in Miami will be able to evaluate your situation and advise you whether you have a case.
Florida Auto Insurance Claims
In the event you do not have a case against the government, our law firm can assist you in filing an insurance claim to seek the payment you need. Florida currently requires each driver to carry personal injury protection (PIP) insurance that should cover your losses even if you were not at fault for the accident. Even though it is your own policy, insurance companies can still try to limit your settlement.
In addition, another driver may have also been negligent in causing the crash. For example, if a driver was distracted and failed to see a giant pothole, then lost control and hit your car, the driver may also be held partially liable for the crash. If your PIP coverage is not adequate to cover your losses, we can determine whether you can seek additional payment from the negligent driver’s insurance.
Contact Our Miami Car Accident Lawyers for a Free Case Evaluation
After an accident, it can be difficult to know your rights or where to turn. If you’re dealing with injuries, your priority should always be to get proper medical care. While you undergo treatment, your medical bills can start to pile up and you may be missing work. You should not wait to discuss your options with a Miami car accident lawyer.
At the Flagler Personal Injury Group, we handle all types of car accident claims, including complicated cases involving poor road design. To schedule a free consultation, call 305-424-8445 or contact us online.