Get Justice for your Road Accident with an Attorney’s Help
Road hazards include poor infrastructure, construction zone accidents, bad weather, and inadequate signs. Regardless of age, background, or expertise, these threats affect us all. No matter your driving experience, there are always risks to consider. A Clifton road hazard attorney helps those who have faced unexpected obstacles.
Quick Summary:
- Car accidents can result in severe injuries, property damage, emotional trauma, and lost wages.
- Common poor road conditions include potholes, missing barriers, ice and snow, poor road design, and more.
- Responsibility for vehicle damage due to poor road conditions typically lies with the government or construction companies.
- To make a successful claim, you must prove that the government was negligent and knew about the road’s poor condition.
- Vehicle damage caused by road debris may also result in a claim against the responsible party or government agency.
- Gather information and details about the road hazard, witnesses, and government agency responsible.
- Each government level (city, county, state, federal) may be responsible for different roads, and special rules apply to claims against the government.
- Filing a special claim is typically required before pursuing a civil lawsuit, with specific deadlines to adhere to.
- Getting in touch with a Clifton road hazard attorney is the best step towards obtaining justice
Road hazards are dangerous, so if you meet one, contact a Clifton road hazard attorney. Reach out to a skilled Clifton road hazard attorney at Jaloudi Law for devoted legal assistance. Contact our skilled team today to start resolving your case and getting the money you deserve.
What are Road Hazards?
Road hazards are diverse and encompass a range of unsafe conditions that can be encountered while navigating roadways. Roadside potholes can damage vehicles and cause accidents. Another risk is missing barriers and guardrails, which prevent vehicles from swerving off the road. Shoulder drop-offs, where unexpected road height changes might cause unintended drifting, are also dangerous. Unclear ice and snow make driving dangerous in colder areas.
What are the Common Road Hazards?
Common road hazards encompass various conditions and obstacles that pose risks to drivers and pedestrians on roadways. These hazards can include:
- Potholes: Depressions or holes in the road caused by wear and tear, weather, or inadequate maintenance, which can damage vehicles and disrupt traffic flow.
- Missing Barriers and Guardrails: The absence or damage of protective barriers and guardrails can lead to vehicles running off the road, potentially causing accidents.
- Shoulder Drop-Offs: Sudden changes in road elevation at the edge of the road can pose dangers to drivers, especially when vehicles unintentionally drift off the road.
- Uncleared Ice and Snow: Accumulated ice and snow on the road surface, particularly in colder climates, can create slippery and hazardous driving conditions.
- Poor Road Design: Roads with inadequate design, such as sharp turns, confusing intersections, narrow lanes, or insufficient signage, can contribute to accidents and traffic issues.
- Wheel Ruts: Deep grooves or tracks on the road surface may disrupt vehicle stability, leading to control problems for drivers.
- Unsafe Construction Zones: Hazards related to ongoing road construction, including uneven surfaces, debris, and unclear signage, can increase accident risks.
- Oil and Chip Roads: These are temporary road surface treatments that can become slippery and dangerous if not properly maintained.
- Debris on the Road: Objects like furniture, boxes, scrap metal, or bales of hay in the roadway can cause damage to vehicles and pose safety risks.
- Deteriorating Road Conditions: Roads in disrepair, characterized by cracks, uneven surfaces, and faded road markings, can lead to accidents and damage to vehicles.
How Do I Prove Negligence in a Road Hazard Case?
Proving negligence in a road hazard case usually requires showing that a government agency or construction company failed to maintain road safety. To do so, support the following crucial elements with evidence:
- Duty of Care: Establish that the responsible party had a legal duty to ensure road safety. Governments usually have this duty.
- Breach of Duty: Prove that the responsible party failed to maintain the route safely. You must show that they knew or should have known about the hazard and did nothing to fix it.
- Causation: Make sure the breach of duty caused the road hazard that injured you or your property. This may require linking the party’s negligence to the hazard that caused your injury.
- Damages: Show how the road hazard injured you. Medical bills, repair costs, lost pay, pain and suffering, and other damages are examples.
How Do You File a Claim Against the Government for Road Hazards?
Road hazard claims against the government need a sequence of actions with jurisdiction-specific rules. First, identify the city, county, state, or federal government that maintains the route where the hazard occurred. Then, you must submit a notice of claim to formalize your compensation request. This notice should describe the incident, your claim, and your damages.
If negotiations or settlements fail, your matter may proceed to court. Your attorney will provide facts and argue your case in court.
It’s crucial to follow the jurisdiction’s specific criteria and timeframes when bringing a claim against the government for road dangers, so a knowledgeable attorney is important.
What is New Jersey’s Negligence Law?
New Jersey is one of 12 states with a no-fault insurance rule, so understanding it is vital when taking legal action after an accident. Selecting limited or unlimited right-to-sue insurance can affect your post-accident rights in New Jersey’s no-fault system.
Minor injuries are usually covered by first-party insurance. First-party insurance claims apply if your injuries don’t satisfy the state’s serious injury threshold. Personal injury protection (PIP) coverage covers your damages if you file a claim with your insurance carrier, regardless of who caused the accident.
However, major injuries may allow you to sue the accountable person. Serious injuries cause scars, amputations, lifelong damage, displaced bone fractures, loss of fetus, or death. The policy you choose may or may not cover pain and suffering.
What is the Statute of Limitations for Car Accidents in New Jersey?
In New Jersey, the statute of limitations for personal injury claims arising from car accidents is generally two years. This means you typically have two years from the date of the accident to file a lawsuit seeking compensation for injuries or damages sustained in the crash.
There are certain situations that affect the statute of limitations. The following are the exceptions to the rule:
- Tolling of the statute of limitations: Tolling temporarily stops time until a specific exception is resolved. The two-year limit is suspended until the exception is resolved.
- The discovery rule: The statute of limitations is tolled until the victim or family member discovers the car accident caused their injuries. This can extend legal proceedings in New Jersey for up to four years after the accident.
- The age of majority rule: This rule pertains to injuries sustained by minors. It allows a child who was injured two years before their 18th birthday to file a lawsuit for their damages.
- Mental disability: The statute of limitations might be tolled until the wounded accident victim regains mental capacity to appreciate their legal rights if their mental disability was not caused by the accident.
- Absent defendant: The statute of limitations can be tolled if the at-fault party is out of state or cannot be served with the case. The court may compel you or your attorney to produce an affidavit outlining the issue.
- Government claims: New Jersey allows 90 days to make a claim against a government agency or employee who caused the accident, such as a police officer driving while on duty. This is shorter than the two-year statute of limitations for other claims.
Why Do I Need a Road Hazard Attorney in Clifton?
All too often, potholes, slippery patches, and other road hazards surprise us on our commutes. A regular commute might become stressful, resulting in costly vehicle damage or human injury. A Clifton road hazard attorney helps you feel less alone with these issues.
- Legal Knowledge: Attorneys possess a deep understanding of personal injury and road hazard laws, allowing them to navigate complex legal procedures and provide sound legal advice.
- Evidence Gathering: They assist in collecting and preserving crucial evidence, such as accident reports, witness statements, and maintenance records, to build a strong case.
- Liability Determination: Attorneys investigate and identify responsible parties, whether they are government entities, construction companies, or other parties, and hold them accountable for the road hazard.
- Negotiations: Experienced attorneys negotiate with insurance companies and responsible parties to secure the maximum compensation on behalf of their clients.
- Legal Protection: Attorneys provide legal protection, ensuring that their clients’ rights are safeguarded throughout the legal process and advocating for their interests.
Contact a Jaloudi Law Clifton road hazard attorney for dedicated legal assistance. We’ll help you overcome obstacles, defend your rights, and get compensated. Start your road hazard case by contacting us immediately.
Call our Clifton Road Hazard Attorney Now!
Road hazards can turn routine commutes into stressful ordeals, causing vehicle damage and personal injuries. Whether it’s potholes, icy patches, or other unexpected obstacles, navigating these challenges can be daunting.
If you’ve been affected by a road hazard, seek the legal advice of a Clifton road hazard attorney at Jaloudi Law. The Clifton road hazard attorney can walk you through the entire process from filing claims all the way to trials. Our dedicated team also provides legal assistance in practice areas such as
If you got into an accident, fret not! Jaloudi Law is here to provide the support and legal guidance you need to secure the compensation you rightfully deserve. Don’t face road hazards alone; contact us today to protect your rights and explore your legal options.
