Defective Road Accident Claims

Caution, even on empty streets

There are different types of accidents that happen on the road. Car collisions, bus crashes, and bicycle injuries are just a few of them. Drivers, however, can also get into an accident when nobody else is involved. How is this possible you may ask? It is when the roads are defective.

Such accidents are essentially avoidable. Not only are newly damaged roads dangerous to unwary drivers, those that are neglected are just as hazardous. Any one that is not familiar with the defects on the road can lead to an accident. It could be due to surprise upon seeing it coupled with sudden movements or simply hitting it head-on without realizing it was there. In any case, such flaws must immediately be repaired to avoid further mishaps.

Florida is a state that is conscious of the perils that lie in wait for drivers on its defective roads. It has statutes in place to safeguard its citizens from such risks and has tasked both the public and private sectors to keep the streets and pathways within their area of responsibility safe for motorists. Decent signage placement to provide drivers with caution on the road must be indicated clearly. It should appreciate the distance required to safely avoid the hazard from the time a motorist is supposed to see the warning. Even traffic lights have to be routinely checked to ensure that it is performing as expected. The ever-changing road conditions due to weather, volume of vehicles on the road or construction work must be made known to commuters through appropriate warning signs.

Failure to do these things result in accidents and they are many. Countless commuters have been injured, maimed or killed due to defective road tragedies. It has involved different types of vehicles: cars, jeeps, trucks, buses, motorcycles and bicycles. Innocent pedestrians have also been hurt by these incidents, hopelessly defenseless against speeding metal and glass.

Lichtblau & Goldenberg is an experienced law firm that has been in practice for over five decades. We have assisted many clients in the Miami-Dade, Palm Beach, and Broward Counties. Our attorneys will sit with you to get the details of your ordeal and determine the reason for the disaster. We will file an action for recovery for damages if the injury is the result of a negligent party.

Some of the reasons why defective road accidents occur:

  • Bridge defects
  • Inadequate guardrails or lack of guardrails
  • Inadequate lighting
  • Inadequate or non-visible signage
  • Malfunctioning stoplights
  • Poor water drainage
  • Uneven pavement and unfilled potholes
  • Unsafe sidewalks or crosswalks

A notorious distinction

The South Florida Highways may make it convenient for commuters to get to and from their destinations faster. Be forewarned, however, that it is also one of the most dangerous roadways in the country. Statistics have shown that the US-1 section in Miami-Dade County and the 1-95 stretch in Palm Beach County are included in the top ten deadliest segments of road in the United States. Based on the National Highway Traffic Safety Administration (NHTSA), the state of Florida comes in at third place in road casualties suffered yearly.

This might come as no surprise because of the factors that are involved. The number of Florida’s inhabitants is enormous and growing rapidly. It leads to more people using the roads and highways on a daily basis causing natural wear and tear to quickly set in. New and yet to be recognized defects arise as a result. Late detection, as well as untimely maintenance, can have severe or even deadly ramifications. The Transportation Construction Coalition authorized an investigation on this alarming urban menace. It yielded that 52.7% of casualties and 38% of injuries on South Florida’s highways are due to defective road conditions. The state is unable to properly maintain its roads mainly because of the lack of budget allocations. It is difficult to prevent harm from coming to its commuters because some parts of its highways are unavoidably not up to par on ideal road conditions.

The state legislature might have to find a way to lift the budgetary constraints for its highways. It is a matter of immediate concern and urgent action. The numbers do not lie and the number of fatalities will continue to mount unless something is done to address its obviously high rate of recurrence.

Swift action instead of delay

Of course, it does not mean the Florida has been entirely remiss in fixing its roads. The figures only underscore the frequency of such accidents because its constant use and at times, lack of funds to fix them. The state through the appropriate agencies however immediately moves to repair these hazards as soon as they are detected and funds are available for the works.

This means that those who receive injuries because of defective roads must move quickly to preserve their rights. The same goes for those who have lost loved ones because of it. It is necessary to prove that the injury resulted from the defective stretch of road. If it was repaired without evidence of its previous existence then it might be difficult to substantiate a claim for recovery of damages. The gathering of proof that the injury or fatality was caused by such bad roads is essential to any personal injury suit. This can come in the way of pictures, witnesses, written testimonies, police reports and medical bills.

In addition, there are only six months within which to file such cases or else they are barred by the statute of limitations. Note that it is the government through the particular agency involved which will be the opposing party. Proper and timely legal action is not only recommended, it is necessary.

Lichtblau & Goldenberg provides competent and compassionate representation in the West Palm Beach area. Our firm encourages you to come in for a consultation free of charge, as soon as possible. We will listen to your ordeal, gather the facts and guide you on the merits of your case. Our experienced attorneys can readily advise you if a suit may be instituted against the appropriate parties. We will also be in close contact with accident reconstruction and safety experts to help demonstrate to insurance companies and to the court the defective road conditions that led to the accident.

Public agencies and private individuals regularly fall short of their responsibility to maintain the roadways, as they are legally mandated to do. It often causes disastrous results and unnecessary pain because they could have been avoided if addressed in a prompt manner. Should you or someone close to you receive injuries due to negligent road maintenance, contact us immediately. It could spell the difference between receiving financial compensation for your hospital expenses, lost wages, physical pain, and mental anguish or none at all. Attorneys at Lichtblau & Goldenberg are always working hard to make use of all the legal means required to ensure that you receive just compensation for your injuries and future care.

Our number is 561-863-9100. Do not delay. Call us today to find out free of charge how you can recover on your costs after being injured from a defective road accident.