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Do I have a claim against the city, county, or DOT after being hit by a car on a section of U.S. 41 that didn’t have a sidewalk?

 

A:

Many people believe that they cannot sue the government, but this is untrue. The answer to your question depends on the circumstances surrounding your case. However, the Florida Department of Transportation (FDOT) is typically immune from claims indicating a poor or faulty roadway design. In fact, they often claim sovereign immunity. But this doesn’t mean that you cannot sue them. There are exceptions to sovereign immunity, and you may have a valid claim against FDOT.

FDOT has a duty to the public to provide safe transportation conditions—not dangerous ones. When they fail to do their job, innocent people can suffer. An experienced attorney who hears all the details of your case and investigates your claim will be able to determine if you have a valid claim. If you do chose to sue FDOT, be prepared for a long case that will be intense.

If your case warrants it, you may have a lawsuit against the city or county. However, lawsuits that involve the state, city, or county have different rules and procedures, and it is more complex that just suing an individual. Keep in mind that your case may simply be against a negligent driver for causing your pedestrian injury.

Speak with an attorney today to determine if you have a claim against a driver or lawsuit against the government following your pedestrian accident on U.S. 41. For help finding out, contact the Mallard Law Firm at 888-409-3805 for a free case consultation.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney