Florida is known for many things, and rain is certainly one of them. In 2021, Miami had 141 days of rainfall and a total accumulation of 61.3 inches, more than double the national average (excluding Hawaii and Alaska) of 30.28” in the same time period. As such, flooding is something that all Florida residents must understand and learn how to deal with, including how to drive (and decide when not to drive) during rain events.
Heavy rains can cause flooding on Miami roads, leading to car accidents. But if you are involved in an accident caused by a flooded road, who is liable?
The answer depends on the circumstances of the accident. If poor drainage or defective road design caused the flooding, the government entity responsible for maintaining the road could be held liable. If the flooding was caused by a weather event, such as a hurricane, the government might not be held liable.
Liability and Weather Events
Trying to navigate issues of liability — especially when a government agency may be involved — can be difficult, which is why it is so important to work with a personal injury attorney who has experience handling car accident claims in Miami.
Take a look below to get a better idea of a few different situations where one party or another may be liable for your accident caused by road flooding, but keep in mind that this is not an exhaustive list.
Poor Drainage or Defective Road Design
If the flooding was caused by poor drainage or a defective road design, the government entity responsible for maintaining the road could be held liable. This is because the government has a duty to maintain its roads in reasonably safe condition. If the government entity knew or should have known about the poor drainage or defective road design and failed to take action, it could be held liable for any accidents that resulted from that negligence.
However, even if the circumstances allow you and an attorney to explore matters of liability against the government, this does not mean that the government will actually be held liable and pay damages. This is why it is so important to work with a car accident attorney who understands government claims.
Weather Events
If the flooding was caused by a weather event, such as a hurricane, the government might not be held liable in many circumstances. This is because the government does not have a duty to protect against what is referred to by insurance companies as “acts of God.”
However, if the government knew or should have known about the impending weather event and failed to take action, it could be held liable for any accidents that resulted. If you believe that the government failed to adequately warn you or take action to keep citizens like yourself safe in a weather event, you should discuss this with an attorney to see if you have a path forward.
Road Closures Due to Flooding
If the road was closed due to flooding at the time of the accident, but you were not made aware of this fact, the government entity responsible for the road closure could be held liable. This is because the government has a duty to warn drivers of road closures.
If the government failed to warn drivers of the road closure adequately, the responsible entity could be held liable for any accidents that resulted. Depending on which road your accident was on, your claim may be against the local municipality, county, state, or federal government — each of which requires a different approach to filing a claim.
Negligent Drivers
If another driver was negligent in causing the accident, they could be held liable. This is true even if the road was flooded. For example, if the driver was speeding and lost control of their car due to the wet conditions, they could be held liable.
If the negligent driver is a government employee, then you will need to go through the process of filing a claim against the government. If the negligent driver was acting under their own accord in their personal vehicle — even if they are employed as a government worker — then you will simply be filing an accident claim as you normally would.
Your Negligence
If you were negligent in causing the accident, you could be held liable. This is true even if the road was flooded. For example, if you were speeding and lost control of your car due to the wet conditions, you could be held liable for damages that other people have suffered.
However, you will also have the option to recover compensation for personal injuries that you have suffered from your Personal Injury Protection (PIP) policy, as this is a no-fault policy designed to streamline the claims process and waives any issue of fault. Even if this is your situation, you may want to consult with an attorney to see if there is anything else that you can do to avoid shouldering too much of the financial burden.
Calculating Damages Caused by Flooding
Even if another party is not held liable for your accident, you may still be able to recover damages for the injuries and property damage that you have suffered. If your car was damaged by the flooding, you might be able to file a claim with your insurance company. And if you were injured in the accident, you may be able to file a personal injury lawsuit against the responsible party.
Since Florida is a “no-fault” state regarding car insurance, your personal injury protection (PIP) insurance should cover your medical bills and a portion of your lost wages, regardless of who was at fault for the accident. However, PIP has its limitations, so it is important to speak with an experienced attorney about all your options for seeking compensation.
Contact 1-800-Injured Today To Connect With an Attorney About Your Flooded Road Car Accident
If you have been involved in an accident caused by a flooded road, it is important to speak with a personal injury attorney who can help you determine who may be liable for your damages.1-800-Injured is an attorney and medical referral service that can help you find a lawyer in your area who is ready to help fight for the compensation you deserve.