Can You File a Claim After a Run-Off-Road Crash in Fort Lauderdale?

When you’re driving down Sunrise Boulevard to do some shopping or heading off-road toward Fort Lauderdale Beach Boulevard to catch some waves, you assume that if you and other drivers pay attention, then everything will be okay. Unfortunately, potholes, unexpected debris, and car failures can all contribute to crashes on their own. If you’ve been hurt in a single-car road departure crash in Florida, then you may still be able to file a personal injury claim.

In this article, we’ll explain what could have gone wrong and who may be liable. A Fort Lauderdale car accident attorney can also explain your legal options.

What Is a Run-Off-Road Crash? 

Off-road crashes typically refer to an accident where the vehicle leaves the roadway, such as spinning out into the shoulder of the road or the car falling into a ditch. While adverse weather conditions and rural roads are two significant factors in single-vehicle crashes, they can happen anywhere.

Potholes, uneven pavement, faded or eroded lane markings, uncleared debris, and unmarked construction hazards can all play a part.

Who Could Be Held Liable in an Off-Road Crash Claim in Florida?

If you’ve been injured, your personal injury protection (PIP) insurance policy will kick in to help pay for your medical care after a single-vehicle crash. However, PIP only covers 80% of medical care and roughly 60% of your lost income. If you have the minimally required $10,000 policy limit, a serious injury could leave you with unpaid medical expenses, chronic pain, property damage, and lost wages. 

In a serious injury case, you may be eligible to hold an at-fault party accountable for your losses and file a lawsuit.

Who Is Liable in a Single Car Crash?

The possible liable parties for a personal injury claim after a car leaves the road may include:

• Government agencies: Depending on the location of the accident, you may be eligible to bring a claim against the city, county, or state government that may be liable for poor road maintenance car crashes.
• Construction contractors: Contractors may be liable if they fail to mark hazards or follow safety protocols properly.
• Negligent driver: If the negligent actions of another driver contributed to your accident, you may be able to bring a claim against them.

Proving Fault in Single-Vehicle Crashes

Whether you are suing a government entity for bad road conditions or making a claim against a contractor for a dangerous road accident lawsuit in Florida, you will need to prove that they caused your accident and resulting losses definitively.

Your Fort Lauderdale single-car accident lawyer will investigate by:

• Gathering evidence, like accident scene photos, surveillance or traffic camera footage, and police reports
• Interviewing any witnesses
• Consulting with experts, such as an accident reconstruction specialist or an expert in road design and safety compliance.

Florida’s Comparative Negligence Law 

In Florida, the state operates under a modified comparative negligence rule. Under this legal doctrine, injury victims can still recover compensation when they are partially at fault for an accident. For example, you were going a few miles above the speed limit when you encountered the poor road conditions. 

In cases with shared liability, your compensation is reduced by your percentage of fault.

However, if you are found to be more than 50% at fault, then you may be unable to recover compensation. Your Fort Lauderdale personal injury lawyer will gather evidence to prove where fault truly lies. 

Steps to Take After a Run-Off-Road Accident 

Your actions after a single car accident in Fort Lauderdale can greatly affect your health and your legal rights. To protect both, you should take the following actions: 

• Seek medical attention as soon as possible
• Report the accident to the police
• Take photos of the road, what caused the accident, and the condition of your vehicle
• Avoid admitting fault when talking to insurance adjusters
• Avoid posting about the accident on social media, as your posts may be used against you
• Get legal help after veering off the road by contacting a personal injury attorney

Be aware that claims filed against a municipality will have very short deadlines (often as short as 6 months), so prompt action will be necessary. 

How a Fort Lauderdale Accident Lawyer Can Help 

Having legal representation means having an advocate who will:

• Investigate to determine all liable parties
• Handle all communications with insurance companies
• File all the necessary paperwork
• Negotiate for fair compensation on your behalf
• Represent you in court when needed

We’re here to help you.

Contact the Law Offices of Wolf & Pravato Today

If you’ve been hurt in a Fort Lauderdale off-road crash, don’t wait to seek compensation with an accident claim. Our Fort Lauderdale car accident lawyers are here to help guide you through the legal process of your insurance claim or lawsuit so that you can focus on recovering.

Contact The Law Offices of Wolf and Pravato today at (844) 643-7200. We operate on a contingency fee basis, so there are no upfront costs, and you only pay if we recover compensation successfully. 

Reach out today for a free initial consultation.