Auto accidents can occur in many different ways. As a result, there can be more than one person or entity who shares the fault for causing the collision. When you bring a lawsuit against the at-fault driver, Florida law allows the allegedly negligent driver to blame another entity. Sometimes the negligent entity in causing a collision can be a government entity. There are varying circumstances when you can bring a claim or lawsuit against a government for a collision due to unsafe road conditions in Tampa Palms, FL.
If unsafe road conditions caused an auto accident, you first have to determine whether the roadway is owned or maintained by the state, county, or city. Second, you have to determine whether the unsafe road conditions in Tampa Palms, FL were caused by the government entity’s operations or decisions. Pursuant to Florida statute, a government entity can be liable for its negligent operations and/or maintenance of a roadway. However, a government entity cannot be held negligent for its decisions or planning of the roadway. As an example, a government entity cannot be held negligent for its decision not to place a traffic signal at an intersection; however, the government entity can be negligent if the traffic signal fails to work properly and the city failed to use reasonable care in maintaining the traffic light.
If you do possess a claim against a government entity, Florida Statutes require separate and additional notice requirements that must be met before filing a lawsuit. Because there are many pitfalls in navigating a claim against a government entity, it is best to consult an attorney to determine the strength and weaknesses of your potential claim. In evaluating your case, an attorney can provide an opinion regarding the likelihood of proving your claims. For all cases against a government entity, Florida Statutes cap the amount which can be recovered for damages at $200,000.
For additional information and to schedule a free initial consultation, please contact our office.