When a dangerous road condition causes a crash, you may wonder who is responsible. Potholes or missing signs can cause severe accidents, and New Jersey law allows you to seek compensation in these cases. However, bringing a claim against a public entity requires prompt action because the New Jersey Tort Claims Act sets strict deadlines.
Steps to take after a road-hazard crash
Your actions in the days following a crash can shape the outcome of your claim. Take these essential steps:
- Seek medical care right away: Doctors can diagnose and treat your injuries immediately. These medical records establish a clear timeline linking your injuries to the crash.
- Document the hazard: Weather or road repairs can quickly erase evidence. Taking photos of the defect from several angles preserves key proof of the dangerous condition.
- Identify the road owner: Townships, counties and the state control different roads. Sending paperwork to the wrong public entity can prompt a judge to dismiss your claim.
- File a notice of claim within 90 days: This short timeline presents a major hurdle in government injury cases. Missing this deadline generally bars you from recovering compensation.
Completing these initial tasks helps safeguard your eligibility to seek damages. Once you handle these preliminary steps, you can focus on building a case to establish public liability.
Proving government fault
To recover compensation under N.J.S.A. 59:4-2, you must show that a dangerous road condition caused your injury and that the public entity knew, or should have known, about it in time to fix it. You must also prove that the entity’s response was “palpably unreasonable,” which means it did nothing or acted so slowly that its conduct was clearly unacceptable. This is a higher standard than ordinary negligence, so maintenance logs, repair requests and prior complaints can be key evidence. State law allows two years from the crash date to file a lawsuit, though New Jersey does not allow punitive damages against public entities.
How an attorney can help
Filing a claim against a public entity can be difficult, especially when the government denies responsibility. A personal injury attorney can identify the correct road owner and file your paperwork on time. Your lawyer can also request maintenance records, gather key evidence and file a lawsuit if the agency denies your claim.