New Jersey Fatal Defective Roadway Claims Attorneys

There are two types of defective and dangerous roadway claims: poorly maintained roads and poorly designed roads. Both of these categories of defective roadway claims may result in compensation for serious injuries or, sadly, the wrongful death of a loved one.

Poorly designed roads may demonstrate some of the following issues:

• No guardrails
• Tight curves that do not conform to posted speed limits
• Uneven pavement
• Improper road grading
• Merge lanes that are too short
• Blind intersections
• Lanes that are too narrow
• Dangerous drop-offs, trenches or potholes
• Unclear or inadequate road markings
• Hidden signs
• Unsafe ramps on and off highways

Poor road maintenance may include:

• Debris left in Road
• Defective street lighting
• Non-functional street lights
• Unrepaired, cracked pavement, potholes
• Untrimmed trees, bushes blocking signs
• Out-of-service or non-functioning warning signals
• Equipment, construction items left in path of traffic
• Excessive oil and/or gravel on roads
• Separated blocks of pavement
• Raised manhole covers
• Inadequate/missing signs and/or barriers
• Inadequate drainage

Poorly designed roads that harm or kill someone fall under the principle of negligent construction or design, meaning the person or persons who designed, and those that constructed the road can be found liable for damages caused by that roadway. Most fatal defective roadway claims are complex, because public roads and a government entity are involved.

In cases involving poorly maintained roadways, the governmental agency responsible for that road may be found liable for failing to maintain the road in good condition. For a claim to be successful, negligence must be proven on the part of the agency responsible for maintaining the road.

Who is Liable for Defective Roadways
In New Jersey fatal defective and dangerous roadway claims, it is imperative to know what type of road is involved, as a design defect could be within the purview of the state transportation department or a city/county municipality. Knowing who maintains the stretch of road where an accident occurred is important, as government agencies are immune from certain types of claims, a doctrine referred to as “sovereign immunity.” Although sovereign immunity does create some difficult issues, there are ways that an experienced attorney can evaluate the merits of your case, and determine the best way to proceed.

Furthermore, in a defective roadway claim that caused serious injury or death, multiple parties can be liable. Multiple possible defendants can be named in such a wrongful death lawsuit. They include: private contractors, a municipality, a federal transportation agency, a state or a county.

Time Limitations of Filing a Defective Roadway Claim
Fatal defective roadway claims are complicated and have time limits for filing a claim. For this reason, it is best to consult with an experienced New Jersey fatal defective roadway attorney as soon as possible to obtain the required paperwork and begin the accident investigative work.

A formal notice of the claim must be filed against the government within 90 days of the accident, or your claim will be forever barred. In certain instances, when you can establish extraordinary circumstances you may be able to ask the court to permit your claim, however, a motion must be filed within one (1) year of your accident. Regardless of whom a claim is filed against, a lawsuit must be filed within a two-year period of the fatal defective roadway accident.

Once the claim has been filed, the plaintiff must wait six months to file a lawsuit. During this period, the government may offer to settle the claim. Always consult with an attorney before accepting any settlement, as you may be entitled to more for your claim if you proceed to court. Do not sign any documents, agree to an interview or submit any medical information to the government without consulting with an attorney. Once the six-month period has passed, your attorney may file a formal claim against the government.

The Todd J. Leonard Law Firm has 35 years of experience in handling all types of dangerous and defective roadway claims. Contact the Todd J. Leonard Law Firm online or call (973) 920-7900 to schedule a free consultation to learn how we can help evaluate your case and recover compensation for your loss.