Road defects can impact any vehicle, but they are particularly dangerous to e-scooter riders. From potholes to uneven pavement, even a single hazard can cause an e-scooter rider to lose control and crash.

When these accidents happen, it may be possible to pursue a personal injury lawsuit and recover compensation. The identity of the defendant depends on where the accident occurred, whether on private property or on public roadways. Our attorneys can review the facts of your accident and advise you on how best to proceed.

Understanding Premises Liability and Road Hazards

Premises liability is a legal concept that holds property owners accountable for injuries caused by dangerous conditions on their property. The same principle applies when the property in question is a public roadway. Municipalities have a legal duty to inspect, maintain, and repair their roads within a reasonable period of time. If their failure to do so leads to an accident, the city could end up on the hook for any damages. Some of the most common hazards include:

• Deep potholes
• Raised or cracked pavement
• Faded or missing lane markings
• Inadequate lighting
• Obstructed signage
• Construction debris or open utility covers

These hazards can impact a scooter rider in ways that would have little effect on a motorist. While cars and trucks are stable enough to roll over these potholes or hazards, scooters are not so lucky.

When Is a City Liable for a Road Hazard?

A city in Florida may be liable for injuries caused by a road hazard when it fails to maintain its streets, sidewalks, or bike lanes in a reasonably safe condition. While not every pothole or uneven surface creates legal liability, the key factor is whether the city had actual or constructive notice of the dangerous condition and failed to fix it within a reasonable time. Actual notice means the city knew about the hazard, perhaps through a citizen complaint or inspection report. Constructive notice means the hazard existed long enough that the city should have discovered it through regular maintenance or monitoring.

Cities owe a duty of care to the public, and this obligation extends to e-scooter riders traveling on public streets and sidewalks. If they breach that duty by allowing a known hazard to persist and someone is injured as a result, they can be held legally responsible. The injured person must also prove that the hazard directly caused their injuries and that they suffered damages as a result. Evidence such as photos, witness statements, maintenance logs, and accident reports can be crucial in demonstrating that the city’s inaction caused the accident. Legal claims against a city must also follow specific procedures under Florida law.

The Nuance of Suing a Local Government

Suing a Florida city or county involves different rules than suing a private party. Under Florida Statutes § 768.28, the government waives its sovereign immunity in part, meaning these lawsuits can go forward with specific limitations in place.

Before filing a lawsuit, you must first notify the appropriate government agency and the Florida Department of Financial Services in writing. This notice must describe the incident and the damages you are claiming. You must then wait 180 days to give the agency time to investigate before you are permitted to file suit. In addition, the statute of limitations for these claims is three years, rather than the usual four years for standard negligence cases. Florida law also caps damages per person and per accident, limiting your potential recovery in the most significant cases.

Common Injuries From Pothole Accidents

Any part of your body could potentially be injured in a pothole-related e-scooter accident. In general, the extent and type of injury you suffer depend on the part of the body that suffers the traumatic impact. If you land head-first, you could be at risk of traumatic neck injuries. Alternatively, you are more likely to experience broken wrists or arms if you attempt to brace your fall after being struck by a car. Some of the most common injuries in these cases include:

• Road rash
• Broken bones
• Traumatic brain injuries
• Cuts and bruises
• Internal bleeding
• Spinal cord damage

Our attorneys can review your medical records to ensure you pursue compensation for injuries after an accident. It is our goal to help you get the most out of your claim without the stress of handling it yourself.

Why You Need an Attorney

Filing a claim against a city for injuries caused by a pothole or road hazard is a complex legal process. There are strict deadlines to comply with and protections for the government that individual defendants do not enjoy. Our attorneys know how to navigate Florida’s sovereign immunity laws and build a strong case on your behalf.

Municipalities often deny liability or claim they had no knowledge of the hazard, making it essential to have someone on your side who can obtain maintenance records or prior complaints to prove otherwise. We can also work with medical experts to document the full extent of your injuries and calculate the damages you’re entitled to. Without legal representation, it’s easy to miss out on the financial compensation you deserve.

Learn How We Can Help

Our team is focused on helping the victims of e-scooter accidents recover the compensation they deserve. This includes pursuing claims involving road hazards and lawsuits against local governments.

The thought of suing a government entity might sound overwhelming, but our firm is here to help. We can take the stress of a major lawsuit off your shoulders, allowing you to focus on your physical recovery. Instead of attempting to settle your case alone, reach out to our team to discuss your options during a free consultation.