Personal Injury and Auto Accident Attorneys Serving Florida
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Sarasota, Florida 941-954-1234
Bradenton, Florida 941-752-7200
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Experienced Personal Injury Lawyer

The lawyers of Goldman Babboni Fernandez & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty years. Ber…

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Auto Accidents Blog Post

When Potholes Cause Accidents

In some circumstances, poor road conditions can be at least a partial cause for car accidents, and the vehicle damage and injuries that result from them. If you believe your accident was caused by poor road conditions, you may be able to file an injury claim for damages.

Here’s an overview of what you should know.

Liability for road conditions

If road conditions truly did cause your accident, you must determine who, if anyone, can be held liable and serve as the defendant in an ensuing injury claim.

In most cases, it will be a state or other local government entity that is responsible for maintaining roadways in the area. You will need to gather evidence and prove the entity did not meet its requirement to maintain a roadway that is reasonably safe for use by the public. Perhaps the entity did not provide sufficient warning of the danger, or did not fix a problem it knew about within a reasonable amount of time. Maybe negligent maintenance practices over an extended time led to a buildup of the danger in the area.

If it is indeed a municipality or state responsible for maintaining the road, there are other elements of the claim that may complicate matters.

There are very strict rules for how you can file a claim against a government body. This includes submitting a Notice of Claim (typically quite a short window after the accident), which includes some of the basic details of the accident and the damages sustained. If the government denies the claim despite proper submission, you can then proceed with a court lawsuit.

Talk to a personal injury attorney in Bradenton, FL at Goldman, Babboni, Fernandez & Walsh to learn more about filing claims based on poor road conditions.

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Goldman Babboni Fernandez & Walsh
3550 S. Tamiami Trail, 3rd Floor
Sarasota, Florida, 34239 USA
941-954-1234