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Filing Personal Injury Claims Against NJDOT

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If you were injured and think that the New Jersey Department of Transportation’s negligence may have contributed to your injuries, contact us today for a free and confidential consultation and case evaluation. We are highly experienced New Jersey personal injury attorneys who will advise you of all of your legal options.

Defective Design

Roadway design and construction in the United States is some of the best in the world, but errors in design and defects in construction continue to be factors in some motor vehicle crashes. For example, the 2018 pedestrian bridge collapse in Miami that killed six people in traffic below and injured another nine is a reminder of a preventable tragedy that never should have happened. In fact, news reports indicated that a few days prior to the collapse, an engineer alerted officials to cracks in the concrete, yet Florida’s Department of Transportation did not close the road or bridge. The cause of the collapse has yet to be determined, whether it was a design error, a miscalculation by a structural engineer or poor construction. Design defects involving roads and bridges take on many characteristics. Some of those include the following:

  • Dangerous medians or dividers.
  • Dangerously designed intersections.
  • Traffic lights that are improperly programmed.
  • Short merging or exit lanes.
  • Areas that are not properly graded that causes pooling of water.
  • Insufficient shoulders.

Defective Maintenance

Every public roadway has a public entity that is in charge of maintaining it. That’s usually the entity that built the road. For New Jersey State Highways and Interstates, the New Jersey Department of Transportation is in charge of maintenance. Failure to maintain or improper maintenance of roadways also contributes to crashes, injuries and fatalities. Here are some examples of failure to maintain or improper roadway maintenance:

  • Potholes not being filled.
  • Signs becoming obstructed from trees or vegetation.
  • Failure to clear drainage ditches or culverts.
  • Inadequate warning of work in progress.
  • Equipment being left on the roadway.
  • Failure to remove or improper removal of snow and ice.

Lawsuit Claims Against NJDOT

As opposed to what some people might believe, the State of New Jersey isn’t necessarily immune to personal injury lawsuits. The New Jersey Department of Transportation (NJDOT) has been held liable in crashes involving its vehicles, highway design defects, and improper roadway maintenance. If you believe that NJDOT caused or contributed to your motor vehicle accident injuries or the death of a family member, state law requires you to file notice of your claim for injuries within 90 days of the date of the accident or injury. Specific rules apply to this notice requirement. If those rules are not followed, you could be forever barred from receiving any compensation at all for your injuries or your family member’s death.

Contact a New Jersey Personal Injury Lawyer today

If you believe that the NJDOT caused or contributed to your injuries or the death of a family member, contact us right away. Remember that the State of New Jersey only allows you 90 days from the date of the accident to file your claim. We’ll listen to you carefully, answer your questions and advise you on your legal options. Contact us right away for a free consultation and case review with one of our state and local government personal injury lawyers. Given the short 90 day notice period, it is important to contact us immediately to assist you.

Resource: If the NJSP responded to the accident and filed a report, see how to get a copy of your NJ State Police report.

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