If a traffic signal malfunction led to your car crash, you can file a claim for compensation. However, the process is slightly different if your claim involves the city.
In this blog, we discuss what you should do if a traffic signal is malfunctioning and the legal process for seeking compensation. If you have been in a car accident, ourFort Lauderdale car accident attorneys may be able to assist you with your case.
Do You File a Personal Injury Protection (PIP) Claim?
In Florida, all drivers are required to carry a minimum of $10,000 inpersonal injury protection (PIP) coverage. This policy will cover:
- 80% of medical expenses
- 60% of lost wages
- $5,000 in death benefits
This coverage is available up to the policy limits, regardless of fault. However, $10,000 is usually insufficient following a major car accident like those involving a malfunctioning traffic signal. Side-impact, or T-bone, accidents at intersections often cause serious and debilitating injuries that incur massive medical debt and lost income.
If your injuries meet theserious injury threshold, you can pursue legal action against the at-fault party, which in this case would be the city maintaining the traffic signal.
Can You File a Claim Against the City of Fort Lauderdale?
It is possible to file a claim against the city. To seek compensation for your injuries and losses due to a malfunctioning traffic signal, you need to prove negligence. You must show:
- Duty of care: The city’s responsibility to maintain its traffic signals
- Breach of duty: The city failed to maintain the traffic signal
- Causation: The light failed, and this led to an accident
- Damages: You suffered financial and non-financial losses
You and your attorney will need to investigate the accident to prove these four elements. You should gather such evidence as:
- Police report
- Photos of the accident scene and your injuries
- Traffic camera and dash cam footage
- Maintenance records
- Traffic signal timing or sequencing reports
- Medical records
- Witness statements
You then complete the necessary paperwork and file your claim with Fort Lauderdale’s transportation department. Unlike a personal injury lawsuit that gives you two years to file, a claim against a city has a three-year deadline, perFlorida Statutes § 768.28.
Who Is Liable in a Malfunctioning Traffic Signal Car Accident?
Even though a faulty traffic light contributed to your accident, there are multiple parties that may share in the liability:
- Drivers: Ultimately, a driver who fails to adapt to changing conditions can be found negligent and held responsible for your losses.
- Government agency: The municipality having jurisdiction over the maintenance of its traffic lights can be held responsible for its failure.
- Manufacturer: If the traffic light is defective in any way, you may have aproduct liability claim.
- Installer/Maintenance Crew: The installation and maintenance of the traffic light may be under a government service contract with a local contractor; if they failed to correct an issue, they could be held liable.
If it is found that multiple parties are at fault for your accident, each party would be assigned a degree of fault, perFlorida Statutes § 768.81. Under the state’s comparative negligence statute, any injured party can file a claim and seek compensation for their losses in the accident, but if they are found to be greater than 50% at fault, they may not receive compensation.
What Can You Claim for an Accident Caused by a Traffic Signal Malfunction?
Under your PIP policy, you are limited to compensation for a portion of your medical bills and lost income, up to the policy limit. However, you may pursue additional losses when you meet the serious injury threshold, such as:
- Pain and suffering, including emotional distress and mental anguish
- Loss of enjoyment of life
- Disability and disfigurement
- Current and future medical expenses
- Lost wages and reduced earning capacity
In rare instances, you may even receive punitive damages, though those are only awarded by a judge or jury.
Is There a Limit to How Much Compensation You Receive?
If you file a claim with the city of Fort Lauderdale, your recoverable compensation is limited. You are generally capped at:
- $200,000 per person
- $300,000 per incident
Our car accident attorneys will identify all liable parties in your accident, filing claims with each insurer to obtain the maximum compensation possible.
What Should You Do If a Traffic Signal Is Malfunctioning?
Since all drivers are legally obligated for their actions behind the wheel, if you come upon a malfunctioning traffic signal, you are to treat it as a 4-way stop:
- Come to a complete stop
- First driver to the intersection goes first
- Drivers traveling straight must yield to the driver on the right
- Drivers turning left must yield to drivers going straight
And as always, be aware of your surroundings, as some drivers may fail to stop.
What Should You Do if You Are in an Accident?
If you are hit, we advise that you take the followingsteps after a car accident:
- Call 911 so that the Fort Lauderdale Police Department can generate a police report
- See a doctor and follow their orders
- Collect as much information and evidence as you can from the accident scene
- Do not admit fault when speaking to the other driver or the insurance companies
Then, speak with a car accident lawyer. They can investigate your accident, collect evidence, identify all liable parties, and deal with the city and insurers so that you can heal in peace.
Reach Out to a Car Accident Law Firm Today
Apersonal injury lawyer in Fort Lauderdale with the Law Offices of Wolf & Pravato can help you get the compensation you and your family need after a car accident due to a traffic signal malfunction.
Call us today at (844) 643-7200 for a free case consultation.