What if Poor Road Conditions Led to My Motorcycle Accident in New Jersey?

Poor road conditions are common throughout New Jersey. Unfortunately, they are far more dangerous for motorcycle riders in the state.

If you were injured by bad road conditions while riding, you might not know what to do next. Start by calling Jerry, who can help you understand how to get compensation for your accident. The state or its agencies are typically responsible for the roads, so you will likely need to file your lawsuit against the government. While certain laws protect the government, they can be held liable for common negligence like any other person in New Jersey. Jerry can help gather evidence showing how your accident occurred and the damages it caused and prep your case before time runs out.

Call New Jersey motorcycle accident attorney Jerry Friedman at 1-800-529-4464 today for a free case analysis.

How Can Poor Road Conditions Cause a Motorcycle Accident in New Jersey?

New Jersey’s roads are not known for being the best in the country. As such, accidents caused by poor road conditions are common. While these conditions might go unnoticed by most drivers, they can be devastating for motorcycle riders. If poor road conditions contributed to your accident, our experienced Elizabeth, NJ motorcycle accident lawyer, Jerry, can help you file a claim against those responsible. How your accident was caused is often the best way to determine who is liable. The following are common road conditions that cause accidents in New Jersey:

Uneven and Unpaved Roads

Uneven roads can result in catastrophic injuries. Repaved roads might have slightly uneven spots with the unpaved part of the road. However, signs should be placed for uneven surfaces ahead to give riders enough time to adjust their speed.

Potholes

Potholes are a serious problem on New Jersey’s roads. Each winter, new potholes spring up to cause problems. A motorcycle hitting a pothole can send the rider flying off. While state and local agencies are responsible for filling potholes, they need time to inspect and discover them. Our attorney can investigate the crash site to determine if the pothole that injured you had been there for some time.

Snow and Ice Left on the Road

If left to accumulate during the tough winter months, snow and ice can also be serious problems for riders. They can create embankments that cause riders to crash, and motorcycles can skid easily. Ice and snow also reduce a bike’s maneuverability, traction, and braking ability.

Black ice can also accumulate on roads and highways. It is almost impossible to see before it is too late. Signs should be placed around areas known for black ice to warn riders that the road ahead might be potentially iced over.

Faulty Guardrails and Expansion Joints

If improperly installed or negligently repaired, faulty guardrails could have played a part in your accident. Guardrails are supposed to stop you from going off the road into the other lane of traffic.

Expansion joints also pose a danger to riders. Expansion joints hold roads together with the ends of bridges and other roads. If the joint has not been maintained, loose connections and holes can cause serious accidents.

Who Can I Hold Liable if Poor Road Conditions Caused My New Jersey Motorcycle Accident?

If poor road conditions injure you, you will likely need to file your claim against the government. Local and state municipalities typically have departments and contractors that they work with to maintain the roads. However, holding a government agency liable for negligence is more challenging than suing an ordinary citizen. Government employees and agencies are generally protected from liability by “sovereign immunity.” This allows government employees to go about their work without fearing being sued. If they cause an accident, the employee cannot be held directly liable for their negligence.

Instead, the New Jersey Tort Claims Act allows injury victims to sue the government entity a negligent employee works for. Still, you must overcome additional hurdles to file your claim against a government agency. The following will explain what steps you need to complete to file a lawsuit against the government for poor road conditions in New Jersey:

Sovereign Immunity

Sovereign immunity generally extends to the employee responsible for the accident but not the public entity they work for. A “public entity” can be a state or county district, municipality, or any other political or public subdivision, according to N.J.S.A. § 59:1-3. Under § 59:2-2, public entities can be held liable for their employee’s negligent acts or omissions as long as they acted within the scope of their employment. If a public employee negligently caused the road condition that injured you, you can sue the agency like any other private individual under similar circumstances.

However, there are limitations. For instance, § 59:2-6 does not allow people to sue for injuries caused by failing to inspect or negligently inspecting an area.

Government agencies can also not be held responsible for employees who intentionally cause injuries. According to § 59:2-10, public agencies cannot be held liable if the employee acted criminally, fraudulently, or with actual malice or willful misconduct. These actions would exceed the scope of an employee’s duties.

The Notice Requirement

If sovereign immunity does not apply, you can file a lawsuit. However, you must first file a “Notice of Claim” with the public entity you intend to sue. This allows the agency to investigate before diving into a full lawsuit. Under § 59:8-8, you only have 90 days from the date of the accident to file your notice of claim with the agency. You will be barred from filing a lawsuit if the notice is not filed in time.

You will need to include your name and address and a detailed description of the incident. You must also describe your injuries and how the agency or its employee was responsible. Last, you must break down the damages you are seeking.

After filing your notice, you will usually wait about six months for the agency to conduct its investigation. Once this period is over, our team can prepare your notice and lawsuit to file.

Time Limit to File the Lawsuit

Getting your case started quickly is important since you only have a limited amount of time to file your notice and then your lawsuit. According to § 59:8-8(b), you only have two years from the accident date to file a lawsuit. This actually means that you have two years minus the time it takes to approve your notice. If your lawsuit is not filed within this time, you will be barred forever from recovering compensation.

Our New Jersey Motorcycle Accident Lawyer Can Help

For a free case review with an experienced Cherry Hill, NJ motorcycle accident attorney, call Jerry Friedman today at 1-800-529-4464.