Florida residents are long used to the consequences of living with growth. Those of us living between Orlando and Daytona Beach have seen more of it than many areas of Florida. But even north toward Ocala and The Villages, we are seeing an unprecedented boom.
The Orlando Sentinel recently reported Seminole residents are frustrated by fast cars and big trucks rumbling through their neighborhoods. Residents in the North Street area are worried about the safety of their kids. Seminole County officials plan to launch a "corridor enhancement" study to look at ways to lower speeds and restricted large truck access to the neighborhood.
North Street is a two-lane residential street between state roads 434 and 436. It has long been used by motorists and truckers, who cut through the neighborhood to avoid Interstate 4.
Central Florida Roads are "Dangerous by Design"
Smart Growth America's report, "Dangerous by Design," found the seven most-dangerous areas in the nation for pedestrians are all located in Florida: Cape Coral-Fort Myers, Palm Bay-Melbourne-Titusville, Orlando-Kissimmee-Sanford, Jacksonville, Deltona-Daytona Beach-Ormond Beach, Lakeland-Winter Haven, and Tampa-St. Petersburg-Clearwater.
Holding government entities responsible for traffic collisions caused by unsafe roads can be difficult because of sovereign immunity protections meant to shield governments from the liability associated with personal injury or wrongful death tort claims. However, the state's sovereign immunity statute F.S. 768.28 permits claims against government "if a private person would be liable to the claimant, in accordance with the general laws of this state."
Determining Liability for Traffic Collisions in Seminole County
F.S. Chapter 768 outlines the statute of negligence under Florida law. The plaintiff must prove that the defendant owed a duty of care, that the defendant breached that duty, that the breach caused the accident, and that the plaintiff suffered harm as a result.
Contacting an experienced car accident lawyer as soon as possible can permit a thorough review of the facts and circumstances of your crash. A motorist who causes a crash while using a neighborhood shortcut would likely be found negligent for failure to use due care.
While an at-fault driver and his insurance carrier are among the most likely defendants, poor road designs, obstructions in the road, or collisions with someone operating a company vehicle can result in the liability of other third parties, including companies and government entities.
As concerned neighbors and motorists, we should all do our part to build a safer community. Speeding through neighborhoods significantly increases your risk of an accident. Typically these motorists are traveling too fast, and the presence of children, bicyclists and pedestrians, combined with heavy traffic and inadequate infrastructure, makes such shortcuts an accident waiting to happen. Preventing tragedy is always preferable to arguing about liability in the wake of a serious or fatal crash.
In the event of traffic accident, contact the Law Offices of Scott M. Miller, PLLC and find out how we can help you.