A pothole that jolts a car can throw a rider. Loose gravel at the edge of a turn, an uneven pavement seam in a construction zone, or a missing warning sign can take a motorcycle down with no other vehicle involved. With the amount of road construction across Tampa Bay and the growing counties to the north, roadway hazards are a real risk for riders.
When a road defect causes a crash, the responsible party may be a government entity, a private contractor, or both. The rules for each are different.
Claims Against Government Entities
Cities, counties, and the state are responsible for maintaining many roads. Under section 768.28 of the Florida Statutes, Florida has waived sovereign immunity for certain negligence claims against government entities, but with significant limits.
Damages Caps
Recovery from a government entity is capped at $200,000 per person and $300,000 per incident. The Legislature passed a 2026 bill that would have raised those caps, but it was vetoed in June 2026, so the existing caps remain. A judgment above the cap generally can only be collected through a claims bill passed by the Legislature.
Pre-Suit Notice
Before suing, the injured person must give written notice of the claim to the agency and, in many cases, to the Department of Financial Services within the statutory period. The agency then has time to investigate before a lawsuit may be filed. Missing these steps can defeat the claim.
Operational Versus Planning Decisions
Government entities are generally not liable for basic planning decisions, such as whether to build or widen a road. They can be liable for operational failures, such as failing to repair a known hazard or failing to warn of a dangerous condition they knew or should have known about. Proving knowledge often requires maintenance records, prior complaints, and work orders.
Claims Against Contractors
Road construction is often performed by private contractors. A contractor that leaves loose gravel, an unmarked drop-off, uneven lanes, or inadequate signage may be liable under ordinary negligence rules, without the government caps. Construction contracts and traffic control plans can show who was responsible for a particular hazard.
Evidence in Road Defect Cases
Road conditions change fast. A pothole may be patched within days, and gravel swept away. Photograph and measure the defect as soon as possible, note the exact location, and look for nearby construction signs or company names on equipment. Damage to the bike’s wheels and suspension can help show the defect caused the crash.
Frequently Asked Questions
Can I sue the county for a pothole that caused my motorcycle crash?
Possibly. Florida allows certain negligence claims against government entities, but they require pre-suit notice and are subject to damages caps.
What are Florida’s sovereign immunity caps in 2026?
$200,000 per person and $300,000 per incident. A 2026 bill to raise them was vetoed.
What if a construction company caused the hazard?
A private contractor may be liable under ordinary negligence rules, and its insurance is not subject to the government damages caps.
How quickly should I document a road defect?
Immediately. Hazards are often repaired within days, and photographs and measurements taken right away can be critical evidence.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.