You’re driving along, minding your own business, when suddenly you catch air, or your entire car shudders. Speed bumps are designed to improve pedestrian safety and control traffic speeds, but they can cause injuries and vehicle damage, especially if poorly marked or designed.
If you’ve suffered injury or property damage from a speed bump, you may be entitled to compensation for vehicle repairs and medical bills. An experienced Florida car accident lawyer can guide you through the claims process to improve your chances of success. Contact Lytal, Reiter, Smith, Ivey & Fronrath for a free case review.
Speed bumps: What they are, who installs them, and who is responsible for the damage they cause
Speed bumps have many benefits and usually reduce danger rather than cause harm. However, for a speed bump to be effective, it must be visible and properly constructed. If a driver doesn’t see a speed bump in time, they may be unable to reduce their speed in time to avoid damage to their car and occupants. Hitting a speed bump at high speed (over 45mph) can cause serious damage to the car’s body, suspension, and tires; if the impact causes a tire to blow, the driver could lose control of the vehicle and crash into the very pedestrians the speed bump is intended to protect.
Vehicles with damaged suspensions are less reliable, as drivers may have a higher chance of losing control of the vehicle. The cumulative effect of the damaged suspension means the vehicle becomes more dangerous, and in some cases, the damage to the car isn’t the driver’s fault.
Speed bumps should be clearly marked with visible signage so drivers can see them, slow down, and be safe. The city, county, or other municipality that placed the speed bumps is also responsible for ensuring that they’re visible and that any signs remain unblocked by trees or other vegetation.
Who is responsible for speed bump installation and maintenance?
Any property owner is responsible for ensuring that their property is safe for guests and visitors. This includes a city, county, or neighborhood that installs speed bumps on the roads and a commercial property owner who installs traffic control bumps in their parking lots.
(H3) Complications of filing a car accident claim against a municipality
The first step in filing a claim for damages in speed bump accidents involves determining what entity owns the property the speed bump is on. Usually, it’s a city, county, or state. If it’s in a shopping center, then the defendant is likely a commercial property owner or manager.
Filing a claim against a Florida municipality can be complicated, as you may have to deal with issues of damage caps, including limitations on punitive damages. The Florida Tort Claims Act (FTCA) sets a cap on damages of $200,000 per person and $300,000 per incident. If your speed bump accident caused you to lose control of your car and cause catastrophic injury, damages can easily exceed these caps.
Specific procedures must be followed to file a claim against a city or county; if they are not followed, your case may be dismissed. You and your attorney must file the claim within two years of the incident and serve the notice on the appropriate governmental agency and Florida’s Department of Financial Services. Your choice of personal injury representation can directly impact the success of your claim.
Injured in a speed bump accident? Call our attorneys!
Florida governments have extensive resources to defend themselves against lawsuits, with deep pockets and teams of lawyers. For the best chance of success, you deserve to be represented by attorneys with the resources, training, education, and experience in litigating claims against municipalities. For many years, the lawyers at Lytal, Reiter, Smith, Ivey & Fronrath have successfully settled claims against the State of Florida and other municipalities. Please contact us today at (561) 655-1990 for a free consultation to learn more.
