Motorcycle crash, Question

[Attilio]

Fort Lauderdale Florida. On Nov. 17th I was driving my motorcycle home in the evening, I come onto a roadway that the pavement had been shaved to make way for a new topcoat. When I entered my turn lane there was a four inch lip that was not marked in anyway, no signs, no way to know it was there. I was not badly hurt but my custom Harley was badly damanged. I want to go to small claims because I feel it was negligent of the city to not make anything to warn driving. WHAT I need to knwo is do I sue the city, the county or the DOT. How do I find who is the owner of that road? Also on the small claims form if it was the city do I need a persons name? Or just the city county etc? I have not been able to find the answer.

 

[Attilio]

not even a guess?

 

[JETX]

WHAT I need to knwo is do I sue the city, the county or the DOT. How do I find who is the owner of that road?

It is either a county road (no roadway number), a state road (as designtated by a state roadway number) or a federal highway (designated as an interstate number).

Also on the small claims form if it was the city do I need a persons name? Or just the city county etc?

Simple answer... that is because you can't sue ANY government agency over this type of accident.... they have governmental immunity. However, you might have a claim against the contractor working on the road if you can show they were negligent in not notifying the drivers of the road condition.

 

[Attilio]

Thank you for the time in your answer.

 

[Attilio]

I found what company is doing the paving. Should I contact them (what dept) or just file a claim?

 

[AliceInChains02]

good luck. i hope you get some $. people forget that not everyone out there rides on 4 wheels and can take a big dip like that.