Pothole Injury Claim in Florida

Potholes can be hazardous and can lead to significant injuries and damages. In Florida, if you’ve been injured or your property has been damaged due to a pothole, you may be able to pursue legal action.

However, whether or not you will be successful in your lawsuit will depend on several factors. The main fact will be whether or not the local governments or property owners owed you a duty to maintain safe conditions and the circumstances.

In the state of Florida, most roads and public spaces are maintained by state, county, or municipal governments. As such, if you are injured due to a pothole on a government-maintained road, you may have grounds to file a claim against the responsible agency.

However, suing a government entity is complex because Florida operates under the principle of sovereign immunity. Sovereign immunity is a legal principle that protects government entities from lawsuits in certain situations. However, Florida law provides exceptions where negligence is involved.

In order to file a personal injury lawsuit based on a pothole injury, you must understand personal injury laws in Florida and be able to prove that:

• The government knew, or should have known, about the pothole through regular inspections or reports
• The government failed to take proper and timely action to repair the pothole within a reasonable timeframe or did not warn the public effectively

It is important to note that there are strict deadlines, known as statutes of limitations, that apply to personal injury lawsuits. In Florida, the person that suffered an injury generally has four years to file a personal injury claim. However, shorter deadlines apply to claims against government entities. Those claims often require notice within three years.

It is also important to note that if the pothole is located on private property, such as a parking lot or commercial property, the property owner may also be held liable. Florida law obligates property owners to maintain safe premises for visitors. As such, if the owner fails to repair a known hazard or neglects to warn visitors of a hazard, they could be responsible for any resulting injuries.

What Are Some Examples of Pothole Injuries?

Pothole related injuries can vary greatly depending on the circumstances. For instance, the size of the pothole, the speed of the vehicle, and whether or not the person was walking, cycling, or driving can all affect your pothole injury claim.

The following are common examples of pothole injuries:

Pothole Injuries Sustained in Motor Vehicle Accidents

• Whiplash and Neck Injuries: A sudden jolt from hitting a pothole can cause the head and neck to snap forward and backward, leading to a whiplash injury
• Back and Spinal Injuries: The impact from hitting the pothole can compress the spine, causing pain or injuries to discs
• Broken or Fractured Bones: Drivers or passengers may experience broken bones if a collision or rollover occurs due to losing control of the vehicle
• Other Accidents: Hitting a pothole can also cause the vehicle operator to lose control of their vehicle and result in other car accidents in Florida.

Pedestrian and Cyclist Injuries Caused by Potholes

• Sprains and Strains: Walking or running over a pothole can result in twisting an ankle or a fall, leading to sprains or strains
• Head Injuries: Cyclists, in particular, are vulnerable to pothole-related crashes, which can lead to concussions or more severe traumatic brain injuries (“TBIs”)
• Cuts and Abrasions: Falling onto rough pavement may result in significant scrapes or cuts, often requiring medical attention

Motorcycle or Scooter Accidents

• Severe Road Rash: Motorcycle riders are at high risk for skidding if they hit a pothole, which can cause painful abrasions
• Broken Limbs: Falling off a motorcycle due to a sudden stop or wobble can result in broken arms or legs
• Facial Injuries: Without adequate protection, riders can suffer facial bruises, cuts, torn facial ligaments, or bone fractures

Can I Get Reimbursed for Pothole Damages?

Yes, it is possible to get reimbursed for pothole damages in Florida. However, as noted above, whether or not you are successful will depend on the circumstances and who is responsible for maintaining the road.

If the pothole is on a public road maintained by the city, county, or state, you may file a claim with the responsible government agency. In your claim, you must prove the following:

• The agency knew or should have known about the pothole through inspections or reports
• They failed to repair the pothole in a timely manner or provide adequate warnings

Once again, governments are often protected by sovereign immunity, but Florida law allows for claims involving negligence under certain conditions. Further, strict deadlines apply, so you should file your claim promptly.

If the damage occurred on private property, the property owner may be held liable. Florida law requires property owners to maintain safe premises and warn visitors of hazards. When suing a private owner, you should do the following:

• Document the Scene: Take clear photos of the pothole and the damage to your vehicle
• Obtain a Repair Estimate: Get a detailed quote for the repairs from a mechanic
• Report the Incident: File a report with the appropriate government agency or notify the property owner
• Submit a Claim: Provide all evidence, including photos, repair estimates, and receipts, with your claim

Finally, if your claim is denied or unresolved, you may consider filing a private lawsuit in small claims court in order to recover your repair costs. In Florida, small claims courts can handle cases involving amounts up to $8,000. However, the small claims process is more formal and requires sufficient evidence of negligence.

What Evidence Can Be Used To Prove a Pothole Injury?

In order to prove a pothole injury claim in Florida, you should have the following evidence to demonstrate the hazard, injury, and negligence and prove your claim:

• Photos/Videos: You should take and maintain images of the pothole, damage, and injuries
• Accident Reports: You should be sure to get police or incident documentation and witness statements
• Medical Records: You should keep detailed records of medical records to serve as proof of your injury and related treatment costs
• Repair Costs: You should keep all invoices or quotes for vehicle damage
• Negligence Proof: You should gather any evidence that the responsible party knew about the hazard but didn’t act
• Timeline: Finally, you should prepare a detailed timeline showing when the injury occurred relative to the pothole’s existence

Is Pothole Damage Covered by Insurance?

In short, it depends. Pothole damage may be covered by your auto insurance in Florida, but it will depend on your policy type:

• Collision Coverage: Collision coverage generally covers pothole related damages because hitting a pothole is considered a single-vehicle accident
  • However, you may need to pay your deductible first
• Comprehensive Coverage: Comprehensive usually doesn’t cover pothole damage, as it’s designed for non-collision incidents like theft or weather related damage
• Liability Coverage: Liability won’t cover your vehicle’s damage as it only applies to damages or injuries you cause to others
• Uninsured/Underinsured Motorist Coverage (“UIM”): UIM won’t apply to pothole damage, as it’s not caused by another driver

It is important to review your auto insurance policy and speak to your insurer to understand your coverage and whether or not potholes are covered.

Where Do I Report Potholes?

In Florida, you can report potholes to the agency responsible for maintaining the road where the pothole is located:

• State Roads and Highways: For these roadways, you should contact the Florida Department of Transportation (“FDOT”) via their website or by calling their maintenance office
• County Roads: For these roadways, you should reach out to the county’s public works or transportation department
• City Streets: For city streets, you should report potholes to the city or municipal government’s public works department
  • In fact, many cities in Florida have online forms or hotlines dedicated to road maintenance issues

Do I Need a Lawyer if I Have Been Injured by a Pothole?

As can be seen, pothole injuries involve various laws, which require proving various different levels of liability and responsibility. As such, if you find yourself in a situation where you were injured as a result of a pothole, it may be in your best interests to consult with an experienced Florida car accident attorney.

LegalMatch can assist you in locating and setting up a legal consultation with an experienced Florida lawyer who handles pothole claims. An experienced personal injuries lawyer will be able to determine if you have a viable case, and who you can sue to recover for your injuries. Further, an attorney will also be able to help you navigate through the various legal issues of your case. Finally, they can also represent you in a court, as necessary.