Road Hazards & Bikers: Can You Sue for a Crash?

Roadway Conditions and Third-Party Liability: What Florida Bikers Need to Know

As bikers, we know that the road itself can be just as dangerous as other vehicles. Potholes, loose gravel, faded lane markings, and obstructed intersections create serious hazards for motorcyclists. But what happens when one of these road conditions causes an accident? Who is responsible? Understanding Florida’s Slavin doctrine and how it affects liability in roadway defect cases is critical for riders who have been injured due to unsafe road conditions.

Who Is Responsible for Dangerous Road Conditions?

In motorcycle crashes where road conditions, construction work, or poor maintenance are factors, liability can be complicated. Typically, one of the following parties may be responsible:

• Government Entities (City, County, or State) – Responsible for maintaining public roads, signage, and general roadway safety.
• Construction Contractors – If a construction company fails to properly complete a roadway project, resulting in hazards.
• Property Owners – If a private road, driveway, or adjacent landscaping obstructs a rider’s view or creates unsafe conditions.

However, in Florida, contractors and builders may avoid liability for dangerous roadway conditions under the Slavin doctrine once their work has been completed and accepted by a government agency. This rule has significant implications for injured motorcyclists.

The Slavin Doctrine: How It Affects Bikers

The Slavin doctrine, established by the Florida Supreme Court in 1959, states that a contractor is not liable for injuries caused by a dangerous condition if:

1. The contractor completed the work.
2. The hazard was obvious or apparent when the government entity accepted the project.
3. The government agency took responsibility for maintaining the road after completion.

This means that if a city or county accepts a defective roadway project—such as poor drainage leading to standing water, improperly marked lanes, or obstructed views—the contractor is released from liability. The injured motorcyclist must then pursue a claim against the government entity, which can be challenging due to sovereign immunity laws that limit how and when a government can be sued.

Case Example: Valiente v. R.J. Behar & Co.

A real-world example of how the Slavin doctrine impacts motorcycle accident claims is Valiente v. R.J. Behar & Co. (Fla. 3d DCA 2018).

In this case, a motorcyclist was killed at an intersection where tall shrubs obstructed drivers’ views. The victim’s family sued the landscaping contractor, arguing that the overgrown shrubs created a deadly hazard. These shrubs violated local height ordinances, making the intersection unsafe for all road users, especially motorcyclists who have less visibility than cars.

However, the court ruled in favor of the contractor, applying the Slavin doctrine. Because the city had accepted the landscaping project with the shrubs in place, the contractor was no longer liable. Instead, liability fell on the city, which was separately sued but had sovereign immunity protections limiting its financial liability.

For motorcyclists, this case highlights a harsh reality: If a dangerous roadway defect existed when the government approved a project, the responsible contractor might walk away without any liability.

What This Means for Florida Motorcyclists

The Slavin doctrine can make pursuing compensation more difficult for injured motorcyclists in cases involving poor road conditions. Here’s what you need to know:

• The government, not the contractor, is likely responsible for dangerous roadway conditions if the issue was obvious when the project was completed.
• Sovereign immunity laws may limit the amount you can recover from a city, county, or state agency.
• You must act quickly—claims against government entities often have shorter deadlines than regular personal injury lawsuits.
• Gathering evidence is critical—if you are injured due to a road hazard, take photos, note the location, and get witness statements immediately.

Can You Still Sue for a Road Defect Motorcycle Accident?

Yes, but it depends on the specifics of the case. If a hidden (not obvious) roadway defect caused your crash, the contractor might still be liable. Additionally, if the government entity failed to properly maintain the road, they could be held accountable. However, lawsuits against government agencies have specific procedures and shorter filing deadlines, so it’s crucial to consult with an experienced motorcycle accident attorney as soon as possible.

Final Thoughts

For Florida motorcyclists, road hazards pose real dangers that can lead to serious accidents. While the Slavin doctrine protects contractors from some liability, riders still have legal options when poor road conditions contribute to a crash. The key is knowing who is responsible, understanding how the law applies, and taking action quickly to preserve your rights.

If you or a fellow rider have been injured due to unsafe road conditions, don’t wait—speak with an experienced motorcycle accident attorney to explore your options and ensure you receive the compensation you deserve.