Most car accidents in New Jersy are caused by drivers, but not all. Although your instinct may be to hold another driver accountable when you are involved in a car accident, sometimes poorly maintained or defective roads cause the accident.
Perhaps a road defect, such as a pothole or slippery spot, caused you to lose control of your vehicle and resulted in an accident. This can complicate the situation because you might be unsure who to hold accountable.
An accident caused by bad road conditions is not your fault. The individuals or entities responsible for maintaining the roads can be held accountable for your injuries and financial losses through a personal injury action.
Common causes of road defects
Bad weather is a common cause of road defects. Agencies are responsible for ensuring road conditions stay as safe as possible during bad weather. This means plowing snowy roads, salting icy roads or putting up signs warning of weather conditions and cautioning drivers to drive slowly.
Neglecting to fix old or worn roads and conditions surrounding roads can cause dangerous conditions. Agencies are responsible for fixing potholes and cracks, replacing signs that fall and fixing traffic signals that go out. These types of defects can happen when agencies fail to repair the issue or do not repair it properly.
Sometimes the fault lies with a construction company. The state or a local municipality might hire a construction company to perform repairs and the company may leave debris or items on the road or perform the work incorrectly.
Potential parties to hold liable
The New Jersey Department of Transportation is the state agency responsible for maintaining the state’s roads and highways. However, depending on where your accident occurred, a local municipality might be responsible for road maintenance.
Figuring out who to file against is important since there are deadlines to file a claim. If you are unsure who is responsible, act quickly and start investigating as soon as possible. Missing a deadline could mean losing your right to compensation for your losses.
