Over the past few weeks, numerous New Jersey residents have complained about potholes across the State. Even worse, some individuals have crashed their cars as a direct result of these potholes. In addition, pedestrians have slipped and fallen on these potholes – suffering various injuries in the process. It goes without saying that local government agencies are responsible for addressing these clear hazards, and one might argue that road maintenance is the most basic function of any government. But can a pothole really form the basis of a successful personal injury lawsuit in New Jersey? This is a complex topic – and one that you might prefer to discuss during a consultation with a qualified attorney.
Potholes are All Too Common in New Jersey
According to a survey conducted back in December of 2023, New Jersey ranks among the top 10 worst states for potholes. These potholes seem to be everywhere, and many drivers are not happy. One lawmaker is so concerned about the issue that he has introduced a bill that would track, document, and repair every single pothole in the state.
Potholes can cause car accidents in various ways. Serious potholes can cause vehicles to swerve and lose traction. Some drivers also attempt to dodge potholes by veering around them, and this can also cause accidents. A pothole can easily blow out a tire, causing the driver to lose control and strike others. If you believe your accident was caused by a pothole, you might be right.
Potholes are Especially Dangerous for Bikes
While a vehicle can easily drive over a small pothole, a cyclist may find this maneuver much more difficult. The smaller, thinner wheels of a bike make navigating these potholes particularly challenging. In serious cases, cyclists are ejected from their bikes and thrown onto the cement. The potential for head injuries, fractures, and other serious injuries is quite high in this situation.
Potholes Can Cause Slips and Falls
In addition, a pothole might cause a pedestrian to slip and fall. For example, someone crossing the road in a crosswalk might trip on a pothole, fall onto the asphalt, and suffer a broken hip. These potholes may be especially dangerous for senior citizens, disabled people, or the visually impaired. Potholes might also exist outside of roads – in places like sidewalks, driveways, paths, and parking lots.
Potholes are Especially Common During the Colder Months
New Jersey residents know that these potholes tend to form during the colder, wetter months. Snow and ice put pressure on the roads, and passing vehicles push these ice chunks deeper into the asphalt – forming potholes. This presents additional hazards during months when ice and snow are already concerning for motorists.
Can I Sue for a Pothole Injury in New Jersey?
If you want to sue for a pothole injury in New Jersey, you will need to establish that the government agency responsible for the road’s upkeep failed in its duty of care. This can be challenging under certain circumstances, but it’s certainly not impossible.
A key task will be to prove that the government agency was aware of the hazard and yet did nothing to address it. For example, dozens of drivers may have complained about a particular pothole over the course of various months. If a driver blows their tire on that same pothole and crashes into a tree, they may point to the dozens of prior complaints to establish negligence.
That being said, these lawsuits are notoriously difficult to win in court. A recent case highlights the fact that even if a plaintiff establishes that the government was aware of the pothole, they can avoid liability if they show that their failure to act was not “palpably unreasonable.” This highlights the need for effective representation during pothole injury claims in New Jersey. It is worth noting that a no-fault injury claim could be possible in this situation, and it may provide more reliable compensation compared to suing a government agency.
Find an Experienced Pothole Injury Attorney in New Jersey
If you have been searching for an experienced injury attorney after a pothole accident in New Jersey, look no further than Lependorf & Silverstein, P.C. We are well aware of the extent of this issue, and New Jersey residents have every right to explore their legal options after accidents caused by potholes. State government agencies have a legal responsibility to maintain roads, and they can be held liable for injuries caused by these hazards. To discuss your legal options in more detail, reach out and book a consultation today.
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