Sometimes an accident occurs because of poorly maintained roads, or missing signs or other hazardous conditions. If you are planning to sue a town, county or the State based on these kind of conditions, there is a lot to consider. First, you cannot sue a governmental entity without first filing a notice of claim within 90 days of the accident. This should be completed with the assistance of an experienced New Jersey accident lawyer.
Next, a governmental entity cannot easily be sued for simple negligence. Consider that at any given time, there are thousands of unfilled potholes in this State. Whether the failure to repair the pothole is a basis for a lawsuit against the responsible entity may turn on the question of how long it has been there, whether the entity was on notice, whether there had been prior accidents and whether the entity negligently repaired the pothole. The New Jersey Tort Claims Act does immunize public entities when, in the face of competing demands, they determine whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable.
Private defendants do not enjoy the same limitations. So if an engineer negligently designed a highway ramp, or a contractor improperly installed a traffic signal, and an accident occurred as a result, then obtaining damages for your injuries is much more straightforward.
This is a complex area of the law. Call us today for a free consultation.
