Steven A. Bagen | June 3, 2025 | Car Accidents

Road hazards are unpredictable and often lead to serious accidents in the blink of an eye. Potholes, debris, uneven surfaces, and missing signs are some examples that can wreck a driver’s ability to stay safe on the road. 

If you’ve experienced an accident caused by one of these hazards, you might be wondering who is liable if a road hazard causes a car accident. The answer is not always straightforward; determining liability depends on multiple factors.

Figuring out who can be held responsible is central to pursuing compensation. In Florida, this process can involve private individuals, businesses, or even government entities. 

Who is liable if a road hazard causes a car accident in Florida?

  • Government agencies may be liable if they failed to fix potholes, replace missing signs, or address drainage issues despite complaints. Claims must follow strict deadlines.
  • Private property owners (like shopping centers) can be responsible if poor road conditions on their land cause an accident.
  • Construction companies are liable when unsafe work zones or leftover debris contribute to crashes.
  • Multiple parties might share fault under Florida’s comparative negligence law—meaning compensation can still be recovered even if you’re partially at fault.
  • Strong evidence—like photos, witness accounts, and maintenance records—is key to proving liability and securing full compensation.
  • Legal deadlines are crucial: most claims must be filed within 2–4 years, and earlier if a government entity is involved.

Which Road Hazards Cause Accidents?

A wide variety of hazards can lead to accidents, especially in areas like Orlando, Gainesville, and Ocala, where construction zones and busy intersections are common. 

Dangerous conditions might arise suddenly or result from a long-standing issue.

  • Potholes: These can cause tire damage or lead to loss of control, especially for motorcycles and bicycles.
  • Loose gravel or debris: Construction materials left on the roadway can easily create slipping or skidding risks.
  • Standing water or mud: Poor drainage can create slippery conditions that contribute to hydroplaning.
  • Missing or damaged traffic signs: A lack of warning signs might leave drivers unprepared for hazards ahead.
  • Uneven surfaces: Poorly maintained roads with cracks or construction-grade bumps can trip up even the most careful drivers.

These are just some examples; Florida’s humid climate and frequent storms also bring unique challenges like fallen tree limbs and unexpected flooding. Each of these issues presents an opportunity for liability.

Common Scenarios Linked to Road Hazard Liability

  • Vehicles hitting a sharp pothole, leading to a blown tire and a collision.
  • A driver skids on loose gravel near a construction area.
  • A cyclist is injured due to debris on a bike lane.
  • An accident at an unmarked intersection where a stop sign is missing after storm damage.

When building a case, identifying the hazard is key. Knowing exactly how and where the problem occurred will help determine which party should be held responsible.

Who Can Be Held Responsible for Road Hazard Accidents?

Determining liability involves asking who was responsible for maintaining safe driving conditions. Florida law obligates certain groups to ensure roads remain in good condition. 

This responsibility may fall on:

1. Local or State Government Agencies

Florida’s government entities maintain roads, highways, and bridges throughout the state. Departments such as FDOT (Florida Department of Transportation) must ensure public roads are safe and properly maintained. 

Liability may arise when:

  • A pothole remains unaddressed for months, despite complaints.
  • Improper drainage causes standing water that leads to hydroplaning.
  • Faded or missing traffic signs cause confusion at intersections.

Government agencies, however, are shielded by sovereign immunity laws, which limit lawsuits. If you believe a government entity might be liable, there are strict deadlines and requirements to file a claim. 

For example, written notice of the claim must be submitted within six months.

2. Private Businesses or Property Owners

Sometimes, road safety isn’t just a public issue. Roads leading into shopping centers, office parks, or gated communities often belong to private entities. Maintenance of these roads falls on the owner. 

A crash caused by poor upkeep on private property might make the owner responsible, especially in the following situations:

  • A business fails to remove debris from a delivery truck.
  • A parking lot has uneven surfaces, leading to a collision.

If an accident involving a private road affects your safety, whether as a driver, pedestrian, or cyclist, it’s important to investigate ownership records and maintenance logs.

3. Construction Companies or Contractors

Orlando and surrounding areas see frequent construction, and contractors hold the responsibility of ensuring work zones are safe for public use. If their negligence leads to an accident, they could be held accountable. Examples include:

  • Failing to secure construction materials that fall onto the road.
  • Not putting up warning signs for lane closures or uneven pavement.
  • Leaving dangerous debris like nails or gravel behind.

When building a claim, strong evidence is required to establish that the contractor failed to provide safe conditions for the public.

How Does Florida Law Affect Road Hazard Liability?

Florida operates under comparative negligence laws. This means that liability can be shared among multiple parties. Imagine a driver speeds through a construction zone with loose gravel and loses control. 

If speeding contributed partly to the accident, their recovery compensation might be reduced based on their portion of responsibility. Florida also has a statute of limitations. For personal injury and property damage claims, victims have two years from the date of the crash to file a lawsuit. 

Waiting too long can result in forfeiting your chance to seek compensation.

Thus, timing and proper support—including detailed documentation of the hazard, location, and damages—are essential in preserving your rights.

Steps to Take While Healing from a Road Hazard Accident in Florida

If you’ve been involved in an accident due to a road hazard, there are important steps to follow in the days and weeks after the crash. These will support your claim and strengthen your case going forward:

  • Document the hazard:
    Photograph the hazard, capturing close-up details and wider shots showing its location relative to the road.
  • File a formal complaint:
    Notify the local government or business entity associated with the road hazard. Ensure you have a copy of any correspondence as proof.
  • Contact witnesses:
    Secure contact details of bystanders or other drivers who witnessed the incident or know about previous complaints about the hazard.
  • Preserve your vehicle:
    Do not repair damage until you have proper documentation or inspections relevant to evidence in your claim.

Additionally, keep any medical bills and receipts related to injuries. These records provide critical information for building a case when holding someone liable.

When Do You Need Help with a Claim?

Pursuing compensation for an accident caused by a road hazard can be daunting. Liability is rarely clear-cut, and evidence can disappear quickly if action isn’t taken immediately. 

Successfully resolving these claims requires a strong understanding of local rules and an ability to prove negligence. Uncover all responsible parties. An accident might involve not just one but multiple entities with overlapping duties. 

For instance, a pothole causing an accident may result in a claim against a local municipal agency and a contractor hired for repairs.

Compensation for Accidents Caused by Road Hazards

Victims of car accidents caused by road hazards often face medical bills, car repairs, and missed work. Seeking financial compensation becomes a priority, but the process is not always simple. 

Familiarizing yourself with the available damages helps victims pursue the recovery they deserve. Damages generally fall into two categories, economic and non-economic. 

Economic damages cover tangible losses like medical expenses, lost wages, and property repairs. Non-economic damages address intangible harm, such as pain and suffering or emotional distress. A strong case will often include both types of compensation to account for all the losses a victim faces.

Common examples of compensation in road hazard cases include:

  • Costs for medical treatment, rehabilitation, and therapy
  • Vehicle repair or replacement expenses
  • Income lost due to missed work
  • Pain and suffering caused by the injury
  • Compensation for reduced quality of life

Calculating compensation depends on the specific circumstances of the accident. For example, a claim involving a long-term injury, such as a spinal cord injury, could include future medical care and lost future income. These elements are vital for fair compensation but may require evidence and negotiation to secure.

How Evidence Can Strengthen Your Case

A case involving road hazards hinges on presenting strong evidence. The legal system relies on proof, and collecting evidence shortly after the accident increases the likelihood of success. 

Knowing what evidence to gather could make all the difference. Photographs are essential. Images of the road hazard, the crash site, and your vehicle’s damage provide a clear, visual account of the accident. 

Photographs can show details like the size of a pothole or the presence of debris. Close-up and wide-angle shots are helpful to create a full picture for investigators or a jury. Additional evidence might include:

  • Police reports detailing the contributing factors of the crash
  • Witness statements from those who saw the accident
  • Records showing reports of road hazards filed with local authorities
  • Medical records documenting your injuries

Holding onto repair bills, pay stubs, and any receipts tied to your accident-related expenses is also advisable. These records support both economic and non-economic claims by linking the accident directly to your financial losses.

Florida Laws and Liability for Road Hazards

Florida road hazard cases often involve specific legal principles. Florida’s status as a comparative negligence state is a key factor. This means the liability for an accident can be shared between multiple parties. 

For example, if a driver swerves to avoid a pothole and collides with another vehicle, both drivers might bear some responsibility. Another vital element is Florida’s statute of limitations. 

This law places a time limit on how long you have to file a personal injury claim. For most road hazard cases, the limit is four years from the date of the accident. Failing to file within this timeframe could result in losing your chance to seek compensation entirely.

Studying the legal intricacies of road hazard cases in Florida is difficult, especially when government entities are involved. Claims against cities or counties often follow different rules. These cases may have shorter deadlines and additional steps, such as filing a notice of intent to sue before a lawsuit can proceed.

How Insurance Affects Liability Cases in Florida

Florida’s no-fault insurance laws can complicate road hazard liability cases. Drivers must turn to their personal injury protection (PIP) insurance first, even if another party is at fault for the crash. PIP coverage is limited to $10,000 in medical and economic damages, but severe accidents often exceed this amount.

Fortunately, Florida law allows motorists to step outside the no-fault system in cases where injuries are severe or debilitating. Once this threshold is met, victims can pursue claims directly against the party responsible for the road hazard, making liability determination critical.

Insurance companies representing government agencies or private contractors may attempt to minimize their liability. Adjusters will likely investigate the case and may offer settlements that don’t fully cover long-term losses. Reviewing any settlement carefully and considering legal counsel before accepting can protect your right to fair compensation.

Road hazard claims can be complicated, especially when more than one party may be at fault. Insurance companies, contractors, or government entities often have legal teams working to protect their interests. Understanding your rights and making informed decisions could help level the playing field.

A personal injury lawyer helps investigate the accident, determine liability, and pursue the maximum compensation. Attorneys can also handle communication with insurance companies, rebut low settlement offers, and represent victims in court, if needed. 

If you or a loved one has been injured due to a road hazard in Gainesville, Ocala, or surrounding areas, Steven A. Bagen & Associates, P.A. can help. With over 40 years of experience and a 99% success rate, they are dedicated to “Fighting for Florida’s Injured.” 

Call their Gainesville office at (800) 800-2575 for free consultation.