Union County Motorcycle Accident Lawyer

What If the Government Is Responsible for Your Motorcycle Accident?

Motorcycle accidents are often caused by driver negligence, but in some cases, the fault lies with a government entity. Poorly maintained roads, potholes, broken traffic signals, or inadequate signage can create dangerous conditions for motorcyclists. If a city, county, or state agency fails to properly maintain roadways or address safety hazards, they can be held liable for the accidents and injuries that may result.

The New Jersey Tort Claims Act (NJTCA) outlines the specific procedures and limitations for bringing claims against public entities. Unlike traditional personal injury claims, the NJTCA imposes stricter rules that must be carefully followed.

The key provisions of this law include: 

• Notice of Claim: Before filing a lawsuit, you must submit a formal notice of claim to the appropriate public agency. This must include details of the accident, the injuries sustained, and the damages being sought. This must be done within 90 days of the accident.
• Investigation Period: After the notice is filed, the government entity has six months to investigate the claim. Only after this period can a lawsuit be initiated, provided no settlement is reached during the investigation.
• Immunity Protections: These provisions sometimes shield government entities and employees from liability. For example, if maintaining the roadway was deemed discretionary, the entity might avoid liability.

Claims against the government also have caps on damages, which means there are limits to the monetary compensation you can recover. The NJTCA can present a legal minefield, but Attorney Michael Chelland knows how to navigate it and can advise you on a good way to proceed, depending on the specific circumstances of your case. 

Understanding Common Motorcycle Accident Injuries in Union County

Motorcycle accidents often result in a range of injuries due to the exposed nature of the rider. Comprehensive knowledge of these injuries can better prepare riders and their families for the legal and medical processes that follow an accident. Common injuries include road rash, which occurs when a rider slides across the pavement, causing abrasion wounds. While sometimes superficial, road rash can lead to serious infections if not treated properly. Wearing appropriate protective gear can significantly reduce the severity of such injuries.

Traumatic brain injuries (TBIs) are another serious concern, often resulting from impacts to the head. Even with helmets, riders may still suffer concussions or more severe brain traumas. Spinal cord injuries are also prevalent, potentially leading to partial or complete paralysis, affecting the rider's quality of life significantly. Fractures and broken bones, especially in the legs and arms, are common due to the force of impact during an accident. Understanding these potential injuries underscores the necessity for immediate medical attention and informs the legal strategy we pursue for obtaining necessary compensation for our clients.