We often think of car accidents as the fault of a negligent or reckless driver, but a substantial number of car accidents in New Jersey occur due to an unaddressed road hazard or poor roadway planning. New Jersey’s local government agencies have a duty to ensure that roads are safe for those traveling within their municipalities. When a motorist suffers injuries in an accident caused by a dangerous road condition, they may have a viable claim against a negligent government entity like a road planning or maintenance agency; however, filing a claim against a government agency in New Jersey is complicated, requiring specialized knowledge and experienced handling.
What Makes a Highway Dangerous?
Studies show that highways or sections of highways in New Jersey with unfavorable conditions have higher numbers of car accidents. Common dangerous conditions on highways include the following examples:
- Potholes and cracked pavement
- Unevenly graded highways where water pools and freezes
- Highways with no shoulders or steep drop-offs
- Lack of guardrails
- Overgrowth of tree limbs obscuring signs
- Lack of adequate signage
- Poor visibility
- Overly crowded highways
- Confusing or dangerous intersection designs
- Construction debris
- Malfunctioning traffic lights
These and other road hazards or poorly planned roadways lead to serious Cherry Hill car accident lawsuits. When the government entity responsible is aware that a road hazard exists and fails to promptly correct or repair the hazard, they may be held liable for damages like property damage, medical expenses, and lost wages under the Tort Claims Act.
Proving Liability in a Dangerous Roadway Accident
Handling a claim against a government entity like a road maintenance department or a negligent road planning agency requires special handling. It takes a thorough investigation and documented evidence showing that the government entity was aware that the hazard existed and that they failed to correct it in a timely manner, resulting in an accident with injuries. Under the Tort Claims Act, an injury victim may recover compensation for their economic damages, and may also recover compensation for non-economic damages like pain and suffering if their medical expenses exceed $3,600 or if they experienced the loss of a limb, the permanent loss of a bodily function, or permanent disfigurement.
How Can a Car Accident Attorney Help?
All accident claims for compensation are complex in no-fault insurance states like New Jersey. This law limits the ability to pursue claims against an at-fault driver. When the party responsible for a serious car accident is a government entity, it involves another layer of challenges, including unique timelines and other requirements such as the Notice of Tort Claim, requiring an injury victim to provide written notification of their intention to file a Cherry Hill injury claim within 90 days of the accident and in advance of actually filing the claim.
A New Jersey car accident attorney with experience in the special requirements of filing a claim against the New Jersey Department of Transportation (NJDOT) or other government agencies helps ensure that your case meets all filing deadlines and the meticulous paperwork requirements. Putting your case in the hands of an attorney significantly increases the chances of a favorable outcome.
If you or a loved one suffered injuries or a fatality due to a dangerous road condition in New Jersey, Call Cuneo & Leonetti today so we can evaluate the merits of your case and quickly take appropriate action.