Road Hazard Car Accident Lawyer in Boca Raton

In Boca Raton, we often blame “bad drivers” for the congestion on Glades Road or the Palmetto Park Road corridor. However, many of the most serious collisions in South Florida are not caused by driver error, but by defective roadways and dangerous road hazards.

If you were involved in a crash caused by a pothole, improper drainage, or a lack of signage, you are not just a car accident victim, you are a victim of negligent maintenance. At Kogan & DiSalvo, our Boca Raton road hazard accident attorney team specializes in holding the city, county, and state agencies accountable for the safety of our streets.

Critical 2024–2026 Updates to Florida Road Hazard Laws

Navigating a claim against a government entity (Sovereign Immunity) has changed significantly. If your accident occurred in 2024 or later, these updates are vital:

• The “50% Fault” Bar: Under the newest Florida Statute § 768.81, Florida has moved to a Modified Comparative Negligence system. If a jury decides you were more than 50% at fault (e.g., for speeding through a known hazard), you are legally barred from recovering any damages. A skilled dangerous road conditions attorney is essential to prove that the road defect, not your driving, was the primary cause.
• New Sovereign Immunity Caps (Effective Oct 1, 2026): For years, recovery against government agencies was capped at $200,000. Under HB 569/SB 1366, these caps are increasing to $300,000 per person and $450,000 per incident. This allows families in Boca Raton to pursue a more realistic amount of compensation for catastrophic roadway injuries.
• Shortened Notice Periods: While you have two years to file a standard lawsuit, claims against the government require a “Notice of Intent.” Recent 2026 legislative shifts have reduced the allotted pre-suit notice period to 18 months. Missing this deadline can permanently disqualify your claim.

Types of Defective Roadway Claims We Handle

Our defective roadway attorney team investigates the engineering and maintenance failures that lead to high-impact crashes. Common hazards in Palm Beach County include:

• Improper Drainage & Hydroplaning: South Florida’s heavy rains require precision road grading. If water “pools” on I-95 or the Turnpike due to poor drainage design, the agency responsible for the road may be liable for your hydroplaning accident.
• Pavement Drop-offs: During resurfacing projects near Military Trail, contractors often leave steep vertical edges. If your tire catches this “drop-off,” it can cause a “scrubbing” effect that pulls your vehicle into oncoming traffic.
• Missing or Confusing Signage: If a “Dead End” or “Wrong Way” sign is obscured by overgrown foliage or was never installed at a dangerous intersection, the city may be negligent.
• Lack of Median Barriers: High-speed corridors in Boca Raton often lack the necessary guardrails or barriers to prevent “cross-over” head-on collisions.

Who is Liable for Your Road Hazard Accident?

Determining who to sue is the most complex part of a road hazard case. Responsibility may lie with:

1. Municipalities: The City of Boca Raton for local street maintenance.
2. Palm Beach County: For regional roads and signal timing.
3. FDOT (Florida Dept. of Transportation): For state roads and Interstates.
4. Private Contractors: Companies hired for road construction that leave debris or fail to provide adequate lighting in work zones.

Consult a Boca Raton Dangerous Road Conditions Attorney

At Kogan & DiSalvo, we don’t just look at the police report; we hire forensic engineers and accident reconstruction experts to analyze the asphalt, the lighting, and the road’s geometry.

Because of the strict 2026 notice requirements and the new “50% Fault” rule, you cannot afford to wait. Contact a road hazard accident attorney today for a free case evaluation.

Call 561-375-9500 or [Click Here] to start your claim.