When Poor Road Conditions Lead to a Car AccidentSheftall Law
Under a premise known as the Federal Tort Claims Act (FTCA), somebody can bring a claim against a federal government or its employees if they have sustained injuries in a serious accident. However, there are many hurdles that a victim must pass so that they are able to become successful in one of these claims. When it comes to a successful claim, the biggest factor is being able to prove that another party acted in a negligent manner in some way. Luckily, there are ways that you can obtain compensation if you have been harmed by an adverse road condition in Florida.
The Responsibility for Road Maintenance
When you think about liability in the event of a car accident, other drivers typically come to mind. However, sometimes it goes much deeper than that and an agency or company is responsible for planning or maintaining a road in Florida. Roads tend to be maintained by cities, counties, and states individually. For instance, you might find that the state as a whole is responsible for making sure that potholes are filled in, but a city might be responsible for putting salt on the road when there is supposed to be ice.
It can be difficult to show who was responsible for what action when it comes to bringing a claim against one of these parties. The first step is, of course, working with your attorney to determine who is responsible for the aspect that caused your accident and injuries.
Proving Negligent Acts Led to the Accident
Once you have made a determination on who was responsible for the maintenance of the roadway, you will have to show that negligence played a role. Were news outlets talking about a huge storm for months but the state did nothing to prepare for it? Did a city fail to fill in a pothole even though that particular area of the road led to multiple accidents? If the agency had reasonable knowledge about a condition and did nothing about it, this could prove gross negligence on behalf of the agency.
From there, you will have to determine if the agency can actually be sued or if they are protected under laws. Every state has rights and procedures that play a role in a claim to determine if you are able to be successful against the agency. On top of that, there are typically strict filing time limitations, which means that if you miss your chance to file, you might be barred from doing so in the future.
How an Attorney Can Help with a Government Claim
If you have been harmed by a government agency or their failure to take action and prepare the roadway, it is important that you act quickly to retain your rights to compensation. At Sheftall & Associates, our skilled car accident attorneys have assisted numerous victims on their path toward reimbursement for a wide array of losses. We understand how challenging this time can be for you and offer our help when you need it most. Please contact our skilled accident attorneys at 904-647-2296 to find out how we can help you.