Who is Responsible for a Road Defect Accident?
Most people assume other drivers are responsible for causing car crashes, and this is true in most cases. However, some accidents can happen at no fault of any driver. Instead, a driver might suddenly encounter a road defect that causes them to lose control and crash. In this situation, who do you hold liable for your losses?
Road defects are not your fault, and parties responsible for maintaining or repairing roads should be accountable for unreasonably dangerous road conditions. If you have injuries from your crash, discuss a possible claim with a New Jersey car accident attorney immediately.
Types of Road Defects that Cause Accidents
We expect our tax dollars to go to good use in maintaining our roads and highways, but anyone who drives in New Jersey knows this isn’t always the case. Many defects can exist that can be hazardous for drivers and cause accidents and injuries. These can include:
- Potholes
- Large cracks or gaps in the pavement
- Drop-offs
- Items or equipment left on the road
- Signs that have fallen down
- Traffic signals that don’t work or are poorly timed
- Compromised barriers, medians, guiderails, traffic attenuators
Defects can happen due to weather and neglect by agencies to fix the roads. They can also happen in active construction zones or even after construction due to shoddy repairs. No matter what type of defect caused your crash, always allow us to review what happened to identify who should be responsible for your injuries and losses.
Potential Liable Parties
The New Jersey Department of Transportation (NJDOT) is responsible for maintaining all state roads and highways, as well as intersections with state roads. Local divisions or municipalities might be responsible for local road maintenance, as it varies depending on the street.
In some cases, defects persist because the NJDOT or a local entity fails to order the necessary repairs for damaged roads. For example, the agency should know when there are large potholes and take steps to fix them promptly. If not, the proper agency should be held liable. There are different rules for filing claims against government agencies, and you have much less time to do so. Act now in case time is running short.
Construction companies might also be to blame. If a locality contracts out repair work, and the construction company makes a mistake or leaves hazards on the road, the company should be liable for any accidents and injuries that result. We can determine which companies might have liability for your losses. There are significant time restrictions that apply to these potential claims including filing a proper notice of claim within 90 days of the crash or any claim may be barred. Contact Leonard Legal Group for a free confidential consultation as soon as possible to learn more about your legal rights.
A New Jersey Car Accident Lawyer Can Help
At Leonard Legal Group, we handle all types of car accident claims, including those involving complex liability issues. We know that not every crash happens due to drivers, and we are ready to hold all negligent parties accountable for your injuries.
Contact us for a free consultation so you can ask any questions you might have, and we can assess your legal rights and options. You might have limited time to take action, so start the process today.