Legal Question in Personal Injury in New Jersey

Car Accident Lawsuit

My husband was seriously injured in a car accident. The other drive lost control and came accross the highway causing a head on. Since the accident a guardrail has been place in that area. Can we sue the state of NJ since there was no guardrail there when he got hit. It there had been one, the car would never have hit him. Also the other drive died on impact. My husband has serious, life long injuries and wik probably not be able to return to work.

Asked on 3/01/07, 5:27 pm

6 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Car Accident Lawsuit

The easy answer to your question, without doing any research is that if you could sue them, you would see three sets of guardrails at every inch of the highway. Because there are many sections without them, I can tell you that they have no duty to put them there.

I suggest you stick to dealing with only the other drive.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 3/01/07, 10:21 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Car Accident Lawsuit

It is certainly possible to sue the state on a theory that there should have been a guardrail. We have handled cases similiar to that with a great deal of success.

However, it is really important that you seek an attorney as soon as possible because there are notice requirements for a claim against a public entity that msut be complied with or you lose your rights.

Please feel free to contact me as soon as possible to see if we can help you protect your rights.

A case of this magnitude really reqires a firm that has the resources and experience to handle it. You can research our firm at . I can be reached at 800-34 NJ-LAW.

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Answered on 3/01/07, 10:41 pm
Vincent L. Gonzalez Vincent L. Gonzalez, Esq

Re: Car Accident Lawsuit

Your husband certainly has an excellent case against the other driver. He may have a claim against the State but it is difficult to discern this from the limited information provided. In any event, there are certain time restrictions that you need to be aware of if you intend to file a claim against the State under the NJ Tort Claims Act. Additionally, there may be a need to place insurance carriers on notice due to limitations of insurance coverage. You and your husband need to act quickly in order to protect your rights as victims in this tragic event.

My offices are located in East Brunswick as well as in New York.

My partners and I have experience handling exactly this type of case through trial (or settlement when possible). However you decide to proceed, please act quickly.

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Answered on 3/02/07, 6:55 am

Re: Car Accident Lawsuit

I see a number of answers already. Let me say that it is possible to sue the State of NJ. It appears thatyou already have an attorney. If you sign a General Release against the other driver, you may waive any claim against the State. In addition there are certain formal notices that must be sent to the state wihtin a limited time period. Be sure that those have been sent. Bottom line, you can sue under the right circumstances.. Make sure you hire a compentent, well funded, law firm to handle this.

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Answered on 3/02/07, 8:34 am
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Car Accident Lawsuit

You may sue the State of New Jersey and succeed only in limited circumstances.

1. You must put the state on notice of the claim within 90 days of the injury. It is very difficult to get around this notice requirement. For exceptional circumstances, the time may be enlarged if a motion is filed within the first year. There is a case where the time was enlarged even longer where injured party was rendered mentally incapacitated by the accident.

2. and worse, The state is generally not liable for the faulty design of a roadway. They are however liable for failing to maintain the highway. They are only responsible for defective conditions for which they had notice.

Your husband's case deserves to be thoroughly investigated by an attorney who is capabable of understanding the liability issues. It has to be someone with a lot of experience handling complex personal injury matters.

I would be happy to speek to you further if you have any questions.

You did not say when this accident happened. Don't delay in taking action.

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Answered on 3/01/07, 5:51 pm
Frank Pintauro Donohue & Partners, PC

Re: Car Accident Lawsuit

You certainly have a claims against the estate of the other driver. You may have a claim against the state or more specifically the Dept. of Transportation for negligent road design. I'd be happy to discuss this matter further with you.

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Answered on 3/01/07, 6:39 pm

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