There are Federal and Florida laws in place to protect motorists from hazards caused by dangerous and defective roads. To provide a safe driving environment, there are requirements for guardrails, warnings, cones, and signs that construction companies must have in their proper place during road construction.

Even though there are numerous laws to protect drivers, the amount of road construction Florida residents drive through on a daily basis can seem like an obstacle course of potential danger.

From ramps to get off or on I-95, to neighborhood intersections – there always seems to be road construction somewhere in Florida. Road hazards are the cause or at least contribute to car accidents, motorcycle accidents, and truck accidents more than you might think.


Even though there is no denying most of the time an accident is caused by another driver, there are often other factors that may have contributed to an accident.

Some of these factors include:

  • Defectively designed roads
  • Malfunctioning or missing traffic signals
  • Malfunctioning or missing road signs
  • Gradients or slopes that are too steep
  • Highways that have not been maintained properly
  • Improperly marked or placed construction zones
  • Construction equipment left in the highway
  • Debris that was not removed in a timely fashion
  • Excessive gravel or oil
  • Inadequate lane width design flaw
  • A blind corner that is a result of a design flaw
  • Improper grading
  • Potholes

It is unfortunate when a person is following the laws of the road and suddenly finds they are driving into a construction area with a hazardous road condition. It could be an improperly marked construction zone or debris that has been left on the road. Now the driver finds themselves in an unfair situation where they have to slam on the breaks (risking a rear end collision), quickly switch lanes (risking hitting another car) or drive through the hazard. When someone is involved in an accident and is injured in these types of cases, it is important to take note of how this all happened.

Depending on the location of the accident, the responsibility could lie with the city, the county or the Department of Transportation. Determining who is at fault in these types of complex cases can be difficult. Holding a government entity responsible can be even more difficult. An even bigger hurdle for the accident victim is the cost involved with litigating defective roadway cases.


This is where the car accident attorneys of Madalon Law can help. Our injury firm will carefully examine the case, details of the accident and use every tool possible to help you. We will even take on all the costs of your case and will not bill you unless we win.

If you or a loved one has been injured due to hazardous roadway conditions, you need to contact an attorney and get answers today. Contact us now for your free consultation.

Defective Stop Sign Causes Multiple Single-Vehicle Car Accidents

Frye v. Anderson Columbia, Co., Inc., 988 So. 2d 61 (Fla. Dist. Ct. App. 2008)

This case arose out of two single-vehicle accidents at an intersection controlled by a stop sign in Jacksonville, Florida.

This lawsuit was brought by Melissa Joyner, the wife of the deceased driver of the first accident, and Sandra Frye, the wife of the deceased driver in the second accident. The accidents involved two single-vehicle accidents, both which resulted in the tragic deaths of the drivers. Both single-vehicle accidents occurred at the same intersection within a 12 hour period while the intersection was undergoing construction. The claims hinged upon the issue of whether the stop sign at the intersection was properly placed. The accidents demonstrated that the stop sign post was broken off at the bottom, and subsequently had been placed back in the ground despite the fact that the sign was about half the normal length. The fact that the stop sign was broken alone should have triggered the sign to be replaced. Evidence taken from the intersection demonstrated that the stop sign had been repositioned three times over the span of the weekend the accidents occurred. At the time of the first accident, the stop sign was placed about 8 feet away from the side of the road, and at the time of the second accident, the sign was moved to about 18 feet from the side of the road.

The trial court entered judgment in favor of the construction company concluding that the weight of the evidence allowed the court to draw the conclusion that the sign had been properly placed and was in clear view of the road at the time of the fatal collisions. On appeal the First Circuit begged to differ stating that from the evidence presented, any reasonable person could clearly infer that the sign was damaged, placed too far from the side of the intersection at the time of both accidents. Furthermore, because the sign was too low and too far, the conclusion that the sign was not clearly visible could have easily been drawn. The court stated that the lower court had erred in declining Frye’s case to be decided by the jury by granting summary judgment in favor of the Anderson Columbia Co. The evidence in this case permitted different reasonable conclusions to be made regarding which party negligence had caused the death of the two unsuspecting motorists. Only if the evidence painted a picture that so obviously pointed to the drivers bearing the entire blame for the accidents, then the trial court could have rightfully taken the decision out of the hands of a jury.

The takeaway from this case is that although the driver involved in a single-vehicle accident is usually at fault, the driver is not always the single cause of the accident. The accident must be evaluated by the totality of circumstances where negligence should not be automatically imposed on the driver, especially to the extent that even clear evidence that demonstrates the possibility of another cause is completely disregarded from the unwillingness to look past the only person involved in the crash.

If you’ve been involved in an accident and have questions about what to do next, you should contact the Fort Lauderdale accident attorneys of Madalon Law. Consultations are free and they will gladly go over your case with you.

Car Accident Due To Poor Road Design

The car accident attorneys at Madalon Law want you to be aware of poor road designs and the fatal car accidents they cause when a driver is caught off guard.

Impatient drivers, potholes, road construction and distracted motorists can already make driving on South Florida roads challenging and unpredictable. As dangerous and unpredictable as these obstacles are, they are expected. We also expect our roads to keep us safe when we do things like follow road signs; use the on-ramp/off-ramp or pull over to the side of the road where it is safe. Unfortunately, following the rules of the road can prove to be deadly when there is a flaw in the design of the road. A large percentage of fatal car accidents are one car accidents where the death may not have occurred if the road had been designed differently.

Car accidents that are caused by poor road design tend to be very dangerous and often leave the people involved in the accident with serious injuries like paralysis, brain damage, and even death. The reason these accidents can be so deadly is that the hazard is not in plain sight and usually goes unnoticed until someone dies.


On-ramp and off-ramps: You can be entering or exiting I-95, the Florida Turnpike, I-595 or any Florida highway and the exits and entrances (straight ramps or circles) have similar placements and distances that drivers become accustomed to. A ramp that is improperly placed or too short can create a deadly scenario for an unsuspecting driver. A good example of this is the ramps where I-95 and State Road 84 meet (Fort Lauderdale area). This highway interchange area has caused several accidents and fatalities.

Shoulder Design: The shoulder is the safe area of the road a driver uses in case they need to pull over. There is a certain amount of room needed so the driver can exit their car safely and avoid being struck by traffic. A shoulder slope also needs to be as flat as possible to minimize the chances of a vehicle rollover.

Median barriers: Median barriers need to be situated appropriately. A design flaw here can lead to deadly head-on collisions with other vehicles.

Pavement edge drop-offs: Driving on a pavement edge drop off can not only decrease the ability of the driver to maintain control of their vehicle when dropping off the side of the paved road but also when attempting to get back on the road.

Signs: Street signs are designed and placed so they are visible and easy to read. Because their purpose is to warn motorists of upcoming traffic patterns, potential hazards, and rules of the road; missing one of these signs could result in a serious and/or fatal car accident.


If you have been seriously injured or have lost a loved one and suspect road design to be a possible reason for the accident, then you need to contact a law firm that understands and is ready to deliver the amount of research needed for a successful outcome. Contact the Fort Lauderdale car accident attorneys of Madalon Law for your free consultation today.