Municipal townships failing to maintain proper road condition

UPDATED: Oct 1, 2022

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Municipal townships failing to maintain proper road condition

I was in a motor vehicle accident on 8-13-2015 and another vehicle struck my vehicle from behind and totaled it. The Officer who took the initial report failed to provide the road conditions in the report and the other vehicle failed to stop at the red light on the opposite direction.

Asked on July 10, 2018 under Accident Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you can show that the municipality either caused bad or dangerous road conditions (e.g. township  employees started digging up the road for some reason, then left it in poor condition without properly closing it up), or had actual awareness of a problem (e.g. someone had reported a major pothole to the town) and a chance to fix the issue (e.g. enough time/opportunity for road repairs) but failed to do so, then you could potentially sue the municipality for any damage you incurred due to those conditions. But you have to be able to *prove* fault in court--i.e. prove they caused the problem, or at least were in fact aware of it but failed or refused to fix it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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