Roadway defects are facts of life for many motorists in New Jersey due to inclement weather, regular use of roads, and other factors that cause the eventual breakdown of roadways. Unfortunately, there are many cases in which roadway defects result from the negligent actions of local or state government agencies or their subcontractors. These parties either fail to repair defects on time or maintain the roadway regularly.
If you got into an accident with another motorist due to a roadway defect, you must act quickly to protect your case. Government agencies and their subcontractors may be held responsible for the unsafe road conditions that contributed to or caused the crash. Typically, you must file a notice of claim with the appropriate state or local entity within 90 days of your accident or your claim will be barred.
Common Roadway Maintenance Defects to Watch Out For
No matter the type of roadway maintenance defect, it can significantly impede a motorist’s ability to drive safely. Among the most common road maintenance defects to watch out for include:
- Potholes
- Guardrails
- Traffic attenuators
- Surface cracks
- Rutting and shoving
- Raveling
- Slippage cracks
- Corrugation
- Reflection cracks
- Edge cracking
- Upheaval
- Scaling of concrete
- Warping cracks
- Shrinkage cracks
- Spalling of joints
- Faulting
- Pumping
- Punch-out defects
- Corner breaks
The government agencies responsible for designing and maintaining the roadways, and the subcontractors they hire, are legally obligated to make sure that the roadways are safe for all road users who use them. These maintenance defects can increase the risk of crashes for unsuspecting motorists and pedestrians.
Innocent drivers, pedestrians, motorcyclists, passengers, bicyclists, and bystanders who suffer the negative consequences of a crash resulting from a roadway maintenance defect have the legal right to seek fair compensation for the losses they incurred in the crash.
Filing a Claim Against The Liable Party
The state and its local government agencies are responsible for building, planning, and maintaining most roadways in New Jersey. When someone suffers an injury due to a roadway’s design flaw, insufficient maintenance, or something similar, the injured victim can hold these agencies liable for their damages.
Personal injury claims or lawsuits against these parties involve a higher burden of proof on the end of the injured victims due to the sovereign immunity afforded to these parties. Establishing that a hazard was present during the accident may be difficult, depending on the situation.
But injured victims must either prove that the liable party failed to maintain the roadway properly or regularly or that they know full well that the roadway defect was dangerous and had adequate time to fix the hazard before the accident but failed to do so.
Reach Out to a Seasoned New Jersey Personal Injury Attorney Now
If you or someone you love has been hurt in a crash due to a roadway maintenance defect, please get in touch with the New Jersey personal injury attorney of the Leonard Legal Group right away. You must act as soon as possible so we can launch an investigation into the crash and preserve vital evidence needed to support your claim. Scott Leonard is a board-certified civil trial attorney and has been handling roadway defect cases for over 25 years.
Learn more about your legal options by calling 973-984-1414 or filling out our online form and scheduling your free case evaluation with our New Jersey personal injury attorney.
