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Road Hazards And Auto Accidents – Sometimes The Road Can Be At Fault

Usually, when people get injured in a traffic accident, human error is to blame. It may be the fault of the driver in the vehicle, or it may be the fault of the driver in the other vehicle, or sometimes, both parties are to blame. But there are also instances where an accident occurs, and an injury is sustained, and it is not the result of human error. Or, at least, it’s not the result of any human that was making a mistake on that road at the time.

Sometimes an injury in a traffic accident can occur due to the road itself. When a road has been poorly constructed, or maintained, and this neglect results in conditions that can actively cause accidents and injuries, it creates a legal opportunity. This is one of the few times when a person can successfully sue the government.

No Immunity Here

Under the vast majority of conditions, American law has made it impossible for the government to be sued. This is known as “sovereign immunity,” and this legal protection is in place partly to protect the government from diverting too much time, manpower and money into fending off a legion of lawsuits that would doubtless arise, if no such protection existed.

However, there are a few very specific instances, when even the American legal system supersedes sovereign immunity, and negligence that results in an injury to an American citizen is one of those times. For the most part, the roads of Florida are owned, operated and maintained by the government. It is the government’s responsibility to build out new roads when required, but it is also the government’s responsibility to maintain the condition of existing roads.

Conditions Make A Difference

Despite the best of efforts, mistakes can be made when things are built. Not every single building is going to be free from design flaws, and when you look at the hundreds of miles of road that are laid out just in one state alone, it’s easy to see how not every single curve, turn or corner is necessarily going to be perfect.

This can mean sometimes a portion of the road is inherently flawed, perhaps because it creates a blind spot where it is easy for other cars to not see each other. Or a section of road is damaged, and as that damage becomes more pronounced, it increases the chances of vehicles losing control, going off the road and injuring drivers and passengers. However, that damage, as significant as it is, is not addressed in a timely manner, nor is the road closed to prevent accidents until such time as the repairs are conducted.

Make Your Case

If a traffic accident occurs where you or your passengers sustain an injury and you know that it had to do with the poor design or condition of that part of the road you were on, then take action. Talk to an auto accident lawyer and start the process of proving that it was the road that was the cause the compensation that you are owed.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Road Hazards And Auto Accidents – Sometimes The Road Can Be At Fault

Goldman Babboni Fernandez
Murphy & Walsh

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