New York City Road Defects Lawyer
Traveling the streets and roads throughout New York and New Jersey can be dangerous. Negligent and distracted drivers cause thousands of car crashes each year. However, road defects could have also contributed to the cause of your car accident.
Road defects are responsible for many accidents throughout New York State. Our car accident attorneys in New York City, NY, assist accident victims in determining the cause of the crash and pursuing all parties liable for their injuries and damages.
Contact Rosenbaum & Rosenbaum, P.C. to schedule a free consultation with a New York City road defects lawyer. Our legal team has over 40 years of experience representing personal injury victims in New York.
How Our New York City Personal Injury Lawyers Can Help if You’ve Been Injured in a Car Accident
We take your personal injury case very seriously. At Rosenbaum & Rosenbaum, P.C., our New York City personal injury attorneys are committed to going above and beyond what is expected from a personal injury law firm.
Our four decades of experience winning personal injury cases has earned our attorneys membership to the Multi-Million Dollar Advocates Forum and The National Trial Lawyers Top 100 Trial Lawyers. Let us use our considerable resources and skills to get you the money you deserve after being injured in an accident.
When you hire our legal team, you can expect us to:
- Investigate your car accident to determine who is responsible for your injuries and damages
- File a claim with the insurance provider for the other driver and fight for full compensation for your claim
- Work with your physicians to document your injuries and damages
- Protect you from insurance providers who value their profits more than the best interests of accident victims
- Fight vigorously in court to achieve the best possible outcome for your case
- Promote an efficient and effective attorney client relationship through regular communication and updates
If a car crash caused your injury, we want to help. Contact our law firm today to schedule your free consultation with a New York City car accident lawyer. You do not have to handle your case alone. You can have support and guidance from a trusted personal injury lawyer in New York City, New York.
How Common Are Accidents Caused by Road Defects?
The statistics about accidents caused by road defects are not as readily available as other car accident statistics.
However, the NHTSA National Motor Vehicle Crash Causation Survey included information about road factors and accidents. The study found that about two percent of car crashes involved environmental conditions. The conditions included loose debris, traffic signals, signs, road design, and other road conditions.
In a different study, approximately 31 percent of the costs associated with traffic accidents originated from accidents where road conditions contributed to the crash.
What Are Common Road Defects That Can Cause Traffic Accidents?
Poorly designed city streets and road defects can cause traffic accidents. The street condition could be the reason for the accident, or it could be a contributing factor.
Some street defects that may cause a car accident include:
- Damaged and missing guard rails
- Lanes that are too narrow
- Overgrowth of foliage on the side of the road and in the median
- Road debris
- Dangerous shoulder drop-offs
- Poor traffic management
- Roads that have poor drainage
- Lack of rumble strips
- Faded painted markers on streets
- Missing or damaged street signs and traffic signals
- A street cut through areas that are winding with sharp curves
- Lack of warning signs or directional signs in construction and work zones
- Potholes and cracks in the road surface, which can be caused by lack of maintenance, heavy machinery, and repeated freezing and thawing
Road damage may be caused by the negligence of one or more parties or because of natural factors. There could be several issues that impact how a car accident occurred. Determining the cause of the accident is a crucial step in recovering compensation for damages.
Common Injuries Caused by Road Defect Accidents
The injuries caused by traffic accidents may be minor lacerations and bruises, or the injuries could be life-threatening.
Injuries that a person may sustain in an accident caused by road conditions include:
- Sprains, strains, and soft tissue injuries
- Whiplash and neck injuries
- Broken bones
- Spinal cord and back injuries
- Internal organ damage
- Traumatic brain injuries
- Amputations and loss of limbs
Some injuries may heal entirely given time, rest, and medical care. However, some injuries may result in a disability or permanent impairment. The victim may require long-term medical and/or personal care.
In cases involving catastrophic injuries, wrongful deaths, or permanent impairments, the damages could total millions of dollars. Pursuing a personal injury claim can result in compensation for your medical bills, lost wages, and pain & suffering damages.
Who is Liable for an Accident Caused by Road Defects?
Governments are responsible for ensuring that roads throughout New York are safe and maintained. In New York City, the Department of Transportation conducts regular inspections to assess road conditions. However, TRIP (a national transportation research nonprofit) found that 47 percent of New York roads are in mediocre or poor condition. Ten percent of the bridges are rated poor or structurally deficient.
If you have a claim against the city for a road defect accident, you must file a Notice of Claim with the New York City Comptroller’s office. There are specific guidelines you must follow for filing a Notice of Claim.
You must file a separate claim with New York State if the damages resulted from a defective road condition on a New York State highway.
Deadlines for Filing Claims Related to Road Defect Accidents
The New York Statute of Limitations sets deadlines for filing personal injury lawsuits. In most cases, a personal injury lawsuit for a car accident must be filed within three years from the accident date. That is not the case when suing the government.
There are different deadlines for suing government agencies.
The Notice of Claim referenced above must be filed within 90 days from the date of the accident. Failing to file a notice of claim could result in the loss of the right to file a personal injury lawsuit against the state or New York City. The deadline for filing a personal injury lawsuit against the city or state is 1 year and 90 days from the accident date.
Schedule a Free Consultation With Our New York City Road Defect Accident Lawyers
Holding the government liable for accidents caused by defective roads can be complicated. There are extra steps that you must take to protect your right to file a lawsuit. Going up against the government without hiring an experienced personal injury lawyer could hurt your chances of winning your case.
Contact our office to schedule a free consultation with one of our New York City road defect accident lawyers.