Injured Parties Bring Suits Against Florida for Smoke and Fog Crashes

September 20, 2012

At least 13 lawsuits have been filed against the state of Florida for injuries and wrongful deaths caused by Florida Highway Patrol's (FHP) decision to reopen the Gainesville stretch of I-75 this January, despite severe smoke and fog conditions. These motor vehicle accident lawsuits illustrate how injured parties may hold state and municipalities responsible for their poor decisions or road maintenance.

FHP Kept Road Open, Despite Smoke and Fog

This past January, the Gainesville area experienced a tragedy on its stretch of I-75. A nearby brush fire had made visibility on the highway poor, and FHP decided to close the Gainesville stretch of I-75 to keep drivers safe. However, despite urging by local officials to keep the highway closed due to persistent smoke and fog conditions, FHP decided to reopen the highway.

Within a half-hour of the highway reopening, the multi-car accidents began. Drivers could not see far enough ahead to react to the slowing of the vehicles in front of them. In total, 11 people were killed and over 40 were injured by the FHP's decision to reopen the highway.

Since January, the FHP has completed an investigation of its own actions and found that the drivers were at fault for their own accidents, since they decided to continue to drive through the smoke and fog, despite signage warning them of potential road conditions. However, this position does not take into account the FHP's responsibility to keep the state's roads safe and act in the best interest of motorists' safety.

The Florida Department of Law Enforcement has also investigated the FHP's decision. It determined that though the FHP did not act criminally, the department should take action to revise its policies and procedures so it can react better and more safely to problems with road and driving conditions.

Lawsuits Against FHP Have Teeth

Now, at least 13 lawsuits have been brought against FHP by injured parties or the families of those who died in the January accidents. In these personal injury lawsuits, plaintiffs will try to prove that the FHP's decision to reopen the highway caused their injuries or deaths.

In these types of accidents, it is possible for injured parties to hold the municipality or government agency responsible for road conditions accountable for the injuries or wrongful deaths. Poorly maintained roads, improper lighting, failure to effectively warn the public, poor signage or a bad call on part of the government may all cause motor vehicle accidents.

State and local governments have a responsibility to keep roads and highways safe for drivers and take appropriate action when driving conditions deteriorate. If you or a loved one has been injured in an accident caused by poor road conditions, please contact an experienced personal injury attorney to explore your options.

Article provided by Fiol Law Group
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