There’s little question that billboards can be distracting. After all, businesses want their boldest, most eye-catching advertisements in high-traffic areas. But are these giant signs so distracting that they could actually be a danger to drivers?
To our Florida car accident lawyer, the answer is often yes.
If you get into a car accident because a billboard drew your attention, are you still to blame? Let’s dive into liability, billboards, and your rights.
Dangers of billboards along Florida highways
Regular, static billboards are enough of a distraction. However, after people pass them a few times, the message has been read. The billboard typically fades into the landscape for the driver. Enter a new danger: The digital billboard.
Now, drivers are bombarded with multiple messages from the same billboard, changing every few seconds with its own eye-catching flashing lights and bright colors.
The ever-changing digital billboard grabs the eye and keeps it away from the road. In the time it takes to notice the change and check out the message, you could get into a wreck.
Worse yet, you could be the at-fault driver in this scenario. You were the one not watching the road, even though you were engaging with advertising specifically intended to attract attention.
In this scenario, who’s truly to blame for the accident?
Can a billboard owner be liable for causing a crash in Florida?
Maybe. A case could be made that you wouldn’t have crashed had it not been for the distracting billboard. You wouldn’t have taken your eyes off the road and therefore would have been able to avoid whatever you crashed into.
However, to successfully prove your claim against the billboard company, you must prove:
- The billboard owner had a duty of care for your safety
- They abandoned that duty of care by permitting overly distracting billboards
- You crashed the car because of the distracting billboard, causing damages (to yourself and, if another vehicle was involved, others)
Building this kind of case can be tricky. You’re probably not equipped to handle it on your own. A personal injury lawyer familiar with litigating cases based on this type of negligence can help you better understand your legal options.
Florida laws about billboard safety for drivers
The Florida Department of Transportation (FDOT) issues permits for outdoor advertising, including billboards. To advertise outdoors, businesses must meet certain safety guidelines, including posting signage only in a “controlled area.” The regulations for signs and their contents govern all billboards visible from the interstate, federal-aid primary highways, or roads on the state highway system.
The FDOT doesn’t regulate the billboard’s content. What it does do is prohibit certain content that may confuse motorists, cause distraction, or pose a safety hazard. Other prohibitions include:
- Signs cannot display words like “Danger” or “Stop” that may imply road hazards
- Signs may not imitate official road signs, such as an exit sign
- Signs cannot contain flashing or rotating lights
If the distracting sign violates the terms of the permit, then your lawyer may have a case for negligence.
Legal help after a distracted driving accident
If you were injured in a car accident and believe a billboard may be to blame, the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you learn more about your settlement options.
Contact us at (561) 655-1990 for a free consultation.
