At Nagel Rice LLP, a first-rate personal injury law firm in New Jersey, we handle all types of car accidents, including those caused by road hazards, such as potholes, broken or uneven pavement, or debris. If you or a loved one has suffered serious injury because of a road hazard, contact our car accident attorneys now.
We are available to meet with you for a free consultation to see whether you have a viable claim for damages against a private company or government agency. If so, we are well-prepared to fight for your right to just compensation. You can feel confident with the Nagel Rice law team.
Not only are we well-credentialed and highly skilled, but we also have an outstanding record of successful outcomes, having won over $1 billion in verdicts and settlements for our clients during our 40 years in practice. We work on a contingency basis, meaning that you will be charged no attorneys’ fees until we bring you the damages you need and deserve.
Common Road Hazards
A road surface can be dangerous whether it covers a driveway, a parking lot or garage, a city street, a country road, or a highway. Common road hazards, any of which can damage a wheel or tire or cause a driver to lose control of their vehicle, include:
- Potholes
- Cracks in the pavement
- Uneven roads, often due to repaving projects
- Glass or other debris from a previous accident
- Packages, lumber, furniture, boxes, garbage
- Pieces of broken pavement or curbs
- Construction materials or discarded cones
- Missing signage
- Snow or ice
- Standing water
- Oil spots
- Mud or tree branches
- Animals
It should be noted that potholes are by far the most common road hazard. Too often, they are not visible to drivers until they are unavoidable, and may result in accidents due to tire blowouts or other reasons for loss of driver control of the car.
Who Can Be Sued for Damages in a Car Accident Caused by a Road Hazard?
Although in many types of car accidents blame can be easily assigned, determining who is to blame for a road hazard can be considerably more complicated.
1. A government agency may be liable for an accident caused by its failure to:
- Clear/salt/sand the road in a timely manner after a snow or ice storm
- Mark a known deer crossing with a cautionary sign
- Design a road that will drain properly during a heavy rain
- Remove debris (e.g. a bag of garbage or a piece of furniture) from the road
- Fill a dangerous pothole, repair an uneven roadway, or clean a slippery road surface after a spill
2. A construction company may be held liable for an accident caused by materials or tools left on the roadway
3. A trucking company may be held liable for dropped merchandise or spilled liquids that result in an accident
4. A landscaping company may be held liable for a bag of peat moss or grass seed that falls and becomes a dangerous obstruction
5. A moving company may be held liable for cartons or furniture that cause an accident
Why You Need a Powerful Attorney for a Road Hazard Accident
Lawsuits brought for any of the above reasons will only be victorious if they are handled deftly by a capable road hazard accident attorney. When suing a government agency, our legal team must be able to prove that the party we hold responsible was notified of the hazard in time to remove it. This is where the experienced lawyers at Nagel Rice become invaluable.
Our attorneys are well-versed in New Jersey and local laws and have well-honed investigatory skills. We know precisely how to leverage our knowledge to your advantage during settlement negotiations or, if necessary, at trial. Also, suing a government agency involves a different process than suing a private party so having an experienced attorney handle your case is essential.
We will put together a case backed up by police reports, video surveillance tapes, witness accounts, and testimony by an accident reconstruction expert designed to convince the court that you deserve maximum compensation.
When You Bear Partial Fault for a Road Hazard Car Accident in New Jersey
New Jersey, like all states, makes allowances for accidents with injuries in which more than one party was at fault. While a hazard on the road is never the fault of the driver who hits it, it is possible that the injured party was impaired, driving recklessly, or texting at the time of the accident. In such cases, the defendant’s attorney may argue that if the plaintiff had been fully alert and in control of their vehicle, the accident might never have occurred. In cases in which there may be blame on both sides, New Jersey follows the principle of modified comparative fault.
According to this principle, the court will listen to both sides of the story and assign a percentage of blame to each party. As long as your percentage of blame is less than the defendant’s (under 50 percent), you are entitled to damages. However, your percentage of blame will be deducted from the awarded amount.
Damages Our Road Hazard Accident Attorneys Will Fight to Recover
At Nagel Rice, we know all too well how terrible the consequences of road hazard accident injuries can be. We will fight aggressively for your right to damages for:
- Medical and rehabilitation costs
- Lost income, present and future
- Property damage or loss
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
If you have suffered the tragic loss of a loved one in a road hazard accident, we will work tirelessly to recover damages for final medical costs, funeral costs, and loss of financial and emotional support.
Contact Our Experienced Road Hazard Accident Attorneys Now
You will find us to be compassionate human beings as well as accomplished legal advocates. Contact us today so we can begin strategizing to win your case.