What to Know About Road Hazards and Who Is Responsible After a Crash in West Palm Beach

Driving in West Palm Beach means sharing the road with all kinds of conditions. From uneven pavement to unexpected debris, not all car accidents are caused by other drivers. Sometimes, the road itself becomes the problem. When a crash happens due to a dangerous road condition, figuring out who is at fault and how to seek compensation can get complicated.

If you’ve been injured in an accident caused by a road hazard, it’s important to understand your rights and how Florida law applies. This blog explains how road hazards contribute to car accidents, who may be held responsible, and what steps to take if you need to file a claim.

How Road Hazards Cause Accidents in West Palm Beach

Not every road in Palm Beach County is well maintained. Potholes, missing signs, broken traffic signals, and construction debris can all increase the risk of a crash. Even a small hazard can lead to serious consequences if it causes a driver to swerve, lose control, or collide with another vehicle.

Common road hazards include:

Potholes and road depressions
Poor drainage or flooded streets
Cracked or uneven pavement
Unmarked construction zones
Faded lane markings
Missing guardrails or barriers
Malfunctioning traffic lights
Debris left behind by vehicles or road crews

Weather often makes things worse. In heavy rain, hidden potholes or standing water can suddenly appear in your path. In some areas, drainage systems aren’t equipped to handle downpours, leaving large puddles that lead to hydroplaning or reduced visibility.

Determining Liability After a Hazard-Related Accident

When a car accident is caused by a road hazard rather than another driver, the issue of liability shifts. Instead of holding another motorist accountable, your case may involve a government agency or contractor responsible for maintaining the road. In some cases, more than one party may be involved.

The City of West Palm Beach, Palm Beach County, or the Florida Department of Transportation (FDOT) may be legally responsible for public roads. If the hazard occurred in a construction zone, a private contractor could also share liability. Determining the correct party requires a close look at where and how the crash occurred.

To establish liability, you must show that:

A hazardous road condition existed
The responsible party knew or should have known about the hazard
They failed to fix it within a reasonable time
That failure directly caused your accident and injuries

This process involves collecting evidence such as photos of the scene, maintenance records, witness statements, and possibly expert analysis.

Government Liability Is Different from Private Claims

Claims against a government agency in Florida are not handled the same way as claims against private individuals or companies. Florida’s sovereign immunity laws limit when and how you can sue a government entity. However, under certain conditions, the state does allow individuals to recover damages for negligence.

Some of the differences include:

You must give notice to the correct government agency before filing a lawsuit
There is a strict deadline, usually three years from the date of the accident, to file a claim against the government
There are caps on how much compensation you can recover from a state or local agency ($200,000 per person, $300,000 per incident in most cases)
Punitive damages are not allowed against government entities

Because these rules are specific and time-sensitive, it’s important to speak with an attorney as soon as possible if your crash involved a public roadway.

Shared Fault and the Role of Comparative Negligence

Florida follows a modified comparative negligence system. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you may not recover damages at all.

For example, if you were speeding when you hit a large pothole, the city might argue that your speed contributed to the severity of the crash. If the court finds you 30 percent at fault, and your total damages were $100,000, you would only be eligible to recover $70,000.

Even when road hazards are involved, insurance companies may try to shift blame back to the driver. A skilled legal team can help present a clear case showing that the hazard—not driver error—was the primary cause of the crash.

Filing an Insurance Claim After a Road Hazard Crash

If your car is damaged by a road hazard, your personal injury protection (PIP) insurance will cover some of your medical bills, regardless of who was at fault. Florida requires all drivers to carry PIP insurance for this reason. However, PIP coverage is limited and doesn’t pay for vehicle damage or non-economic losses like pain and suffering.

To recover the full value of your losses, including property damage and serious injuries, you may need to file a claim against the at-fault party’s insurance—or, in the case of a government agency, directly pursue a negligence claim. If the hazard was caused by a private company, such as a contractor working in a construction zone, they may have liability insurance that covers your losses.

Documentation is key. If possible, take photos of the road condition, your vehicle, and the surrounding area. Keep copies of your repair estimates, medical records, and police reports. These details will support your claim and help your legal team build a strong case.

Types of Compensation Available After a Road Hazard Accident

If your crash was caused by a dangerous road condition, and another party is found responsible, you may be entitled to compensation for:

Medical bills (past and future)
Lost wages from missed work
Reduced earning capacity
Pain and suffering
Property damage
Rehabilitation and therapy costs

In cases involving long-term injuries or permanent disability, additional compensation may be pursued for future care and loss of quality of life.

What a Personal Injury Attorney Can Do for You

Claims involving road hazards are often more complex than typical car accident cases. Proving liability may require investigating city maintenance records, interviewing construction contractors, or bringing in experts to analyze road design flaws.

An experienced personal injury lawyer can:

Identify who is legally responsible for the hazard
Handle communications with insurers and government agencies
Ensure your claim meets deadlines and legal requirements
Gather the evidence needed to support your case
Negotiate for full compensation or take your case to court if necessary

Time is critical. Evidence can disappear quickly, especially when road crews repair the hazard after the accident. Getting legal help early improves your chances of a successful outcome.

Conclusion

Not all crashes are caused by reckless drivers. Sometimes, the roads themselves are unsafe. In West Palm Beach, these hazards can lead to serious injuries and major financial losses. If your accident happened because of a poorly maintained road, you may have options for holding the responsible party accountable.

Understanding how liability works in these cases, knowing your rights, and getting help from an attorney can make the difference between walking away with limited insurance coverage or securing the full compensation you deserve.

If you’ve been hurt in a road hazard crash, don’t wait to take action. The sooner you start the claims process, the better your chances of protecting your rights and moving forward with confidence.