When Is a Government Agency Liable for a Florida Car Accident?

Understanding when a government agency may be liable for a car accident in Florida is crucial for victims seeking compensation. Various circumstances can lead to government liability, particularly when negligence or unsafe conditions contribute to an accident.

At Dismuke Law, we understand the complexities involved in establishing liability for car accidents involving government entities. In Florida, the doctrine of sovereign immunity generally protects government agencies from being sued; however, there are exceptions where liability may be imposed.

Accidents Due to Problems With the Roads

Many car accidents result from issues with the road itself. This can include poor maintenance, signage issues, and more.

Poorly Maintains Roads

Poorly maintained roads can be a significant factor in car accidents. Government agencies may be held liable for such conditions. When potholes, debris, or inadequate road markings contribute to an accident, victims might have a legitimate claim against the government.

The extent of liability often depends on whether the government agency acted within the scope of their employment in maintaining the roads. If it can be demonstrated that the agency was aware of the hazardous conditions but failed to take appropriate action, this could strengthen the personal injury claim. 

Overgrown Plants Blocking Visibility on Government-Owned Land

Overgrown plants and vegetation on government-owned land can obstruct visibility and create dangerous driving conditions, potentially leading to car accidents. In Florida, if these obstructions are not addressed by the appropriate government entities, they may be seen as negligent. Victims of accidents caused by such visibility issues may file an injury claim against the government, asserting that the agency failed to maintain safe conditions on public property. 

Inadequate Signage

Inadequate signage on Florida roads can lead to confusion and accidents, raising questions of government liability. If a driver is involved in a car accident due to missing or unclear signs, they may have grounds to file a lawsuit against the government. The appropriate government agency is responsible for ensuring that all road signage is clear, visible, and properly maintained. Failure to do so could be considered negligence, which may result in the agency being held liable for damages incurred during an accident.

Victims must be able to demonstrate that the lack of appropriate signage directly contributed to the car crash. This may involve gathering evidence such as photographs of the signage or statements from witnesses who can attest to the inadequacy of the signs. 

Accidents With Government Employees in Government-Owned Vehicles

When a government employee is involved in a car accident while operating a government-owned vehicle, liability can become complex. Government entities may be liable if their employee was acting within the scope of their employment at the time of the accident. This means that if the government employee was performing their official duties, victims may be able to file a claim against the government for damages resulting from the accident.

You must be able to establish that the government employee was engaged in their work-related activities when the accident occurred. This may involve reviewing police reports, witness statements, and other evidence to confirm the circumstances surrounding the incident. 

Garbage Trucks

Accidents involving garbage trucks can lead to serious personal injuries and raise questions of government liability. When a garbage truck is involved in a car accident, victims may have the right to file an injury claim against the local government. The key factor in these cases is whether the garbage truck was operating within the scope of its duties when the accident occurred. 

Fire Trucks and Police Cars

Accidents involving fire trucks and police cars present unique challenges in establishing government liability. These emergency vehicles often have specific legal protections under Florida law, especially when responding to emergencies. However, if a fire truck or police car is involved in a car crash due to negligent driving or failure to follow proper protocols, victims may still have grounds to file a claim against the agency. 

Mail Carriers

When a mail carrier is involved in a car accident, victims may have the right to pursue a claim against the government if the carrier was acting within the scope of their employment. Similar to other government employees, mail carriers are expected to adhere to traffic laws and drive safely while delivering mail. 

Contact a Florida Car Accident Attorney

If you have been involved in a car accident involving a government vehicle or employee, consult with a Lakeland car accident attorney. Navigating claims against government entities can be complex due to sovereign immunity and specific legal protocols outlined in the Florida statutes. An experienced accident lawyer can guide you through the process of filing a claim against the government and help you understand your rights and options for pursuing compensation.

At Dismuke Law, our dedicated team understands the intricacies of government liability in Florida car accidents. We can assist you in gathering the necessary evidence, filing a personal injury claim, and representing you in a lawsuit against the government if needed. Call Dismuke Law at (863) 250-5050 or use our contact form.