You take the same route every day. Whether it’s rushing to beat the drop-off line at school or getting your favorite spot at work, you drive the same roads and expressways daily. One day it sneaks up on you. You can’t avoid it because you didn’t see it.
That all-familiar metal clang of your rim or undercarriage colliding with the pothole that popped up on your regular route overnight. Who’s responsible for the damage? Let’s take a look at a few things to consider once you’re ready to call a New Jersey car accident lawyer.
Was It Really The Road?
Getting into an accident on a street that’s in deplorable conditions isn’t enough to blame the city or state agencies where you travel. If you want to file a claim for injuries or damage to your vehicle with your insurance company, or any government agency, you will need some proof that the street condition caused or greatly contributed to your accident.
For example, hitting a large crack in the asphalt, losing control, and swerving into a stop sign can be a reasonable instance where the road caused your crash. On the other hand, if you were sending a message or email and hit a stop sign on the same decaying road, it will be harder to argue the crack was at fault for your accident. You should be ready to argue with whoever you believe at fault. They’ll do just about anything to maintain it wasn’t the street that caused the incident and something else had to be a catalyst or that there were other contributing factors.
Who’s Going To Be Responsible For This?
If you can show and prove the poor road conditions were the reason for your accident, it puts you one step closer to restitution. Filing a claim will have its challenges. You’ll have to find out who’s responsible for the maintenance of the road. Road Work typically falls under the jurisdiction of the local municipality, a state government agency or a private company.
Once you find the party responsible, be prepared to do some leg work and research, especially if it’s a government agency. The other option is to have a New Jersey Car Accident lawyer and have them do all of the paper-pushing for you.
Can You Sue The State or Local Government?
The short answer is yes.
However, it’s best to consult an attorney prior to doing so. There is a myriad of traditional procedures you have to go through before you’d qualify to file a suit. Many municipalities require a particular amount of papers and requests to be filed before taking the final step toward litigation. Hopefully, you should find a government agency is at fault you can get reimbursed for your damages without having to get any courts involved in the first place.
Make Sure You Have Proof
Unfortunately, even with the most standard open and shut cases, it can all fall apart when it comes to providing evidence to show the road caused your accident. Should you get into an accident that you know the poor condition of the road is responsible for, here are a few tips and tricks:
- Call the cops to the scene to take a police report making sure to tell them about the poor road conditions.
- Take pictures of the scene, your car, and surrounding areas of the decaying road.
- Call your insurance company to update them.
- Get the names and contact information for any witnesses to the accident.
Get the best legal assistance, from Rosengard Law Group they have no win no fee promise and serve their clients with diligence.