Municipal townships failing to maintain proper road condition

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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