On this blog, we often discuss the fact that victims of serious accidents and their families generally have the option of taking legal action against the party responsible for the accidents. In the case of motor vehicle accidents, this would typically involve other drivers, commercial vehicle owners or car manufacturers.
However, there are some instances where serious accidents are caused not by another person but by poor road conditions. This appears to be the case for one woman who was killed in a fatal motorcycle accident when her motorcycle hit a pothole and she crashed.
The accident happened in another state, but similar situations can easily happen on any road across the U.S. Reports indicate that she was on her bike when it hit a large pothole which was more than two feet wide and about 8 inches deep. She was thrown from her bike and suffered fatal injuries.
Her husband has taken legal action against numerous parties include the city and state as well as a contractor that was working on a repaving project in the area.
According to the lawsuit, the pothole should have been addressed earlier because the city had been alerted that it existed. However, no attempt was made to inspect and repair it and the contractors never inspected the repaving project during the holiday weekend when the accident occurred.
It can be very complicated to figure out who is responsible for unsafe road conditions, which is essential for determining whether legal action is appropriate or not. The situation can be further complicated by the fact that the laws on liability and government entities vary from state to state. In Florida, state agencies can be held accountable for negligence, but there are strict statutes of limitations and other restrictions in place to do so, according to Florida negligence statutes.
Ideally, roads and highways across Florida would be regularly maintained and routinely assessed for safety hazards, but that doesn’t necessarily happen and people can be seriously injured in accidents like this one. If your or a loved one has been hurt in a crash stemming from unsafe road conditions, you can discuss the situation with an attorney sooner than later to learn about your legal options.