How Road Hazards Can Impact Your Car Accident Lawsuit in New Jersey

Car accidents are often blamed on negligent drivers, but sometimes, it’s the road itself that creates the danger. A pothole, a missing traffic sign, poor drainage, or unclear lane markings can be just as dangerous as a distracted or speeding driver. If you’ve been catastrophically injured in a car accident, it’s important to understand how road hazards may have contributed to the crash and how that affects your right to pursue compensation. 

In New Jersey, identifying the true cause of your accident is critical to a successful lawsuit. Road hazards introduce a new layer of complexity to personal injury claims because the at-fault party may not be another driver, it could be a government agency or a construction company. 

What Are Road Hazards and Why Are They So Dangerous? 

Road hazards are unsafe conditions on or near a roadway that can cause drivers to lose control of their vehicles. While some road hazards develop over time due to wear and tear, others are the result of poor planning, inadequate maintenance, or active negligence. 

Some of the most common road hazards in New Jersey include: 

• Potholes and uneven pavement: Deep potholes can cause tires to blow out or make drivers swerve suddenly to avoid them, leading to loss of control or multi-vehicle crashes. 
• Faded or missing lane markings: Especially dangerous at night or in bad weather, unclear markings can confuse drivers, leading to sideswipes or wrong-way driving. 
• Malfunctioning or missing traffic signs and signals: When stop signs, yield signs, or traffic lights are broken or obscured, intersections become chaotic. 
• Debris in the roadway: Construction materials, fallen branches, or tire treads can obstruct lanes and force drivers into unsafe maneuvers. 
• Poor drainage or flooding: Water pooling on the road can lead to hydroplaning and makes it harder to brake or steer safely. 
• Construction zones with poor signage or barriers: Confusing detours, uneven surfaces, or missing warnings can make roadwork zones extremely dangerous. 

When a road hazard is involved, the key question becomes: Could this accident have been prevented if the road were safe and properly maintained? 

Who Can Be Held Liable for a Road Hazard Accident? 

When road conditions cause or contribute to an accident, figuring out who is at fault can be more complicated than in a typical crash. In many cases, multiple parties might share responsibility. 

Government Entities (Local, County, or State Agencies) 

Government agencies are responsible for designing, building, and maintaining roads. If they fail to fix known hazards like large potholes, broken guardrails, or malfunctioning traffic signals, they can be held liable for accidents that result. 

However, suing a public entity in New Jersey involves specific legal hurdles, including shorter filing deadlines and special notice requirements under the New Jersey Tort Claims Act. You generally have just 90 days from the date of the accident to file a notice of claim. 

Construction and Roadwork Companies 

If your accident happened in or near a construction zone, the company performing the roadwork may be liable. Poorly marked detours, uneven pavement, exposed equipment, or missing signage can all create hazards. Contractors are required to follow strict safety guidelines to protect drivers passing through work zones. 

Private Property Owners or Businesses 

In some cases, a private landowner or commercial business may be responsible for maintaining adjacent roads or parking lots. If debris or flooding from their property spills into the roadway and causes an accident, they may be held accountable. 

Vehicle Owners or Drivers  

Not all road hazards are “built into” the road. If a truck loses part of its cargo, or a driver’s tire blows out and causes debris to scatter across lanes, that individual could also be held liable for failing to properly secure or maintain their vehicle. 

How Road Hazard Accidents Are Investigated 

When a car accident involves a road hazard, evidence is everything. Proving that a pothole, missing sign, or dangerous condition played a direct role in the crash will help hold the right party responsible. 

It’s important to gather: 

• Photographs or dashcam footage of the hazard and accident scene 
• Maintenance records from government agencies or construction crews 
• Crash reports filed by police, which may mention unsafe conditions 
• Witness statements from people who saw the hazard or the crash occur 
• Expert analysis from engineers or roadway safety specialists 

In many cases, the condition of the road may have been a known problem. If the hazard had been reported before and the agency or company responsible failed to act in time, that’s a key factor in proving negligence. 

How Can a Road Hazard Impact Your Compensation? 

If your accident was caused by another driver (like someone running a red light), you would normally seek damages from that driver’s insurance. If the accident was caused or exacerbated by a road hazard, you may be able to seek compensation from a government agency or other third party as well. 

This matters because: 

• You may be entitled to additional compensation that wouldn’t be available in a standard accident claim. 
• You may be able to recover damages for permanent injuries, lost income, pain and suffering, and more. 
• If your injuries are catastrophic and the at-fault driver’s insurance policy isn’t enough to cover the cost, holding another party liable can bridge the gap and help you recover what you need to rebuild your life. 

Cases involving road hazards can be legally complex. They often require navigating government rules, dealing with multiple defendants, and presenting technical evidence. That’s why it’s so important to work with a car accident attorney who has experience handling these types of claims. 

Get Help with Your Car Accident Case Today 

A road hazard can turn an ordinary drive into a life-altering tragedy. When that happens, you shouldn’t be left to deal with the consequences on your own. If poor road conditions contributed to your accident, you may have the right to file a personal injury lawsuit and recover compensation for your medical care, lost income, and pain and suffering. 

At Eichen Crutchlow Zaslow, we’ve helped victims of catastrophic car accidents throughout New Jersey hold the right parties accountable, taking on municipalities, contractors, property owners, and anyone else whose negligence caused your injuries. We understand what it takes to investigate these cases, cut through the red tape, and fight for the justice our clients deserve. Contact us today for a free consultation.