Man going through personal injury legal documents

How Do I Make A Claim for Injuries From Dangerous Road Conditions in New Jersey?

Dangerous road conditions can lead to serious injuries for drivers, passengers, and pedestrians. If you have been injured as a result of dangerous road conditions in New Jersey, you may be wondering what your next steps are. In this blog post, our New Jersey car accident attorneys will discuss how to make a claim for injuries from dangerous road conditions in New Jersey. We will also provide some tips on how to protect your rights during the claims process. Keep reading for more information.

Who is Responsible for Dangerous Road Conditions in New Jersey?

In New Jersey, the state and local governments are responsible for maintaining safe road conditions. This includes repairing potholes, filling in cracks, and clearing away debris. If you have been injured as a result of dangerous road conditions in New Jersey, you may be wondering who is responsible for your injuries.

The answer to this question can be complicated. New Jersey’s government is legally required to maintain safe road conditions. However, it can be difficult to determine which body of government is responsible for an accident resulting from dangerous road conditions in New Jersey. That is one reason having an attorney can be helpful after this type of accident.

The bottom line is that while sovereign immunity may make it difficult to recover compensation after an accident caused by dangerous road conditions in New Jersey, there is a way to file a claim for injuries–the New Jersey Tort Claims Act

Understanding the New Jersey Tort Claims Act

If you are injured on a road, sidewalk, bike path, or other public property due to dangerous conditions then it may be possible for you to bring an injury claim against your local government under the New Jersey Tort Claims Act.

It is important to understand, however, that the Tort Claims Act is a very restrictive law, and not every injury suffered on public property will allow you to bring a lawsuit. However, accidents caused by dangerous road conditions are generally covered under the Tort Claims Act.

In order to have a valid claim under the New Jersey Tort Claims Act, you must be able to show that:

  • You were injured as a result of a dangerous condition on public property
  • The government had notice of the danger but failed to fix it

If you can meet these requirements, then you may have a valid claim against the government agency responsible for the dangerous roadway.

Filing a Claim Under the NJTCA

Under the NJTCA, you must file a notice of claim in writing with the municipality or public entity within 90 days after your accident. A notice must be in writing and contain information about:

  • when and where the accident took place
  • how the accident occurred
  • any injuries and/or property damage that resulted from the accident
  • an estimated amount of your current and prospective damages
  • your name and address

You can find a form to prepare your notice on the New Jersey state government website.

Timeline to File a Claim for Damages Against a New Jersey Public Entity

There is a specific timeline that must be followed in order to file a claim for damages against a New Jersey public entity. The process begins with sending a letter of notice to the public entity within 90 days of the incident.

If the response from the public entity is unsatisfactory, then an administrative claim must be filed with the Office of Claims within 90 days of the letter of notice.

After providing the proper notice of your claim, you must wait another six months before filing a lawsuit against the public entity. 

It’s important to note that these deadlines are strict and are not easily extended, so it’s crucial to take action as soon as possible. Failure to provide timely notice may result in the loss of your right to recover damages. When it comes to recovering damages for an accident caused by dangerous road conditions, the New Jersey Tort Claims Act can be a helpful tool. However, it is important to understand the act and follow a specific timeline in order to have a valid claim. If you are injured as a result of dangerous roadway conditions, contact our office today to discuss your options.