Go to navigation Go to content
Toll-Free: 1-800-74-TRIAL
Phone: (561) 655-3925

Duty to Maintain Bicycle Pathways or Roadways

Florida Child Injury Lawyer : Duty to Maintain Bicycle Pathways or Roadways

Children and adolescents aged 20 years and younger comprise more than half of the estimated 85 million bicycle riders in the country.  Unfortunately, bicycles are associated with more childhood injuries than any other consumer product, except for automobiles.  The Department of Transportation has the power and duty to establish and maintain bicycle and pedestrian pathways. Bicycle and pedestrian pathways should be given full consideration in the planning and the development of transportation facilities.  Additionally, bicycle and pedestrian pathways must be established in conjunction with the construction, reconstruction, or other change of any state transportation facility, with special emphasis to be given to projects in or within one mile of an urban area. 

To the extent that sovereign immunity has been waived, a governmental entity such as the Department of Transportation may be held liable for torts arising from its duty to maintain and operate the roads.  Accordingly, although the overall plan of a road or highway may be a planning level decision immune from liability the department may waive sovereign immunity, and be held liable at an operational level where it creates a known dangerous condition.  The governmental immunity does not bar liability of actions occurring on the operational level.  Additionally, liability may arise from the planning level decision when that decision creates a hidden trap.  Therefore, a duty arises to warn the public and protect the public of the known danger.  Moreover, a failure to properly maintain a public roadway or pathway for bicycles and pedestrians, may be the basis of a lawsuit.
 
The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective roadway. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Blog for Duty to Maintain Bicycle Pathways or Roadways

Library for Duty to Maintain Bicycle Pathways or Roadways:

Frequent Questions for Duty to Maintain Bicycle Pathways or Roadways: