Crash Test: Highway Medians, Auto Collisions, and Sovereign Immunity

If you hit a tree in the middle of the highway, it can seriously hurt or even kill you. In Florida, you can only sue the government for a poorly designed median in certain situations. Good medians can keep you safe, but bad ones can make your injuries worse. Sometimes, just getting rid of the trees in the median can make a big difference in preventing serious accidents. Over the years, the Florida Department of Transportation and other government transportation agencies have been given special protection from lawsuits through sovereign immunity. This means they can’t be sued for things like building unsafe medians.

In the past, people could sue the government if they thought a median was designed or built unsafely. But now, unless there’s clear evidence of a known danger, the government can’t be held responsible for planning-level mistakes.

In a specific case, the Florida Department of Transportation was sued for planting palm trees in a median, but the court ruled that it was a discretionary decision protected by sovereign immunity.

To make roads safer, the U.S. Department of Transportation, along with state transportation departments, set standards for highway design, construction, and maintenance. In Florida, these standards are outlined in a book called “The Florida Greenbook.” The goal is to make road hazards, like signposts, less dangerous if hit by a vehicle. For example, signposts are designed to break away if hit, rather than becoming a dangerous object. For over 10 years, Florida followed the Greenbook design standards for roads. But in the 1990s, county and city road departments started planting trees in medians near fast-moving roads, ignoring the Greenbook standards. Now, it’s common to see big trees close to the road, and it’s dangerous. Signs in the medians can also be dangerous if hit because they’re too close to the trees. These conditions are because local governments wanted to make the roads look nice, but safety should come first. It’s important for traffic departments to go back to following the Greenbook standards to keep roads safe. In Florida, the government can be immune from lawsuits if someone is hurt in a car accident caused by a problem with the road. It depends on whether the problem was part of the initial plan to build the road or if it happened later. If the problem was part of the initial plan, the government is usually immune. But if the problem happened later and wasn’t properly maintained, the government might be responsible. The timing of when the problem occurred can make a big difference in whether you can sue the government or not. In Florida, state agencies are protected from being sued for damages in accidents. This means that if someone is hurt in a car crash, they can only get a limited amount of money from the state, even if the crash was the state’s fault. This makes it harder for accident victims to get the help they need. It also means that state agencies can ignore safety concerns in favor of making things look nice, without facing many consequences. In Florida, cities can be held responsible for any accidents on their roads if they didn’t maintain them properly. This rule was established in 1975 and applies to activities that are like what a private company would do. After a series of court cases, the state government passed the Highway Safety Act in 1966 to improve road safety. The act led to the creation of organizations like the Insurance Institute for Highway Safety and the implementation of standards for road design and maintenance. These standards have been updated over time to improve road safety. The city has a duty to keep its streets and property safe, including making sure foliage doesn’t block drivers’ views. If the city creates a dangerous situation, it has to warn the public or fix it. The city can be responsible for accidents if it doesn’t do these things. But there are limits to how much money someone can get from the city for an accident. This article includes information from different legal professionals, such as Edward Ricci and Jeffery Van Treese II, who have written about legal topics. It was submitted by the General Practice, Solo and Small Firm Section. Their goal is to promote duty and service to the public and improve the justice system.

Source: https://www.floridabar.org/the-florida-bar-journal/crash-test-highway-medians-auto-collisions-and-sovereign-immunity/