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Atlantic City’s scenic coastal roads feature beautiful views and gorgeous scenery—potholes are likely the last thing on your mind. Yet, drivers are involved in pothole-related accidents yearly, which can severely damage a vehicle and even injure its driver or passengers. If you get into a pothole accident and need to know your legal options to recover compensation, let our Atlantic City car accident lawyers at D’Amato Law Firm help.
How Can You Identify Pothole Accidents?
Potholes form when water penetrates the road surface through cracks, expands and contracts with temperature changes, and weakens the pavement structure. So, when cars and other heavy objects continue to press down on these compromised spots, the road starts to cave in, and potholes emerge. These defects commonly cause property damage to the undercarriages of cars, and the impact can injure riders, particularly after harsh winter weather. Drivers can experience gradual alignment issues, tire blowouts, and even rollouts or spinouts if they lose control because of a pothole.
Who Should You Hold Responsible for Pothole Damage?
Responsibility for road maintenance in New Jersey falls to different entities, depending on the pothole’s location. The State Department of Transportation oversees the state highways, except for the Garden State Parkway and New Jersey Turnpike. Each municipality is responsible for its own county and local roads.
Unfortunately, even if you suffer losses because of a pothole encounter, not all accidents qualify for compensation. Under the New Jersey Tort Claims Act, to file a valid claim, you need to 1) demonstrate that the pothole created a dangerous condition; 2) that your injury or damage directly resulted from this condition; 3) that the responsible entity knew about the pothole; and 4) that they had sufficient time to repair it but failed to do so.
New Jersey residents have only 90 days to file a pothole damage claim, and missing this window can prevent you from claiming compensation via legal means.
How Should You Document Your Pothole Accident?
To strengthen your case as much as possible, take photos of the pothole that caused your accident, the surrounding area, and any damage to person or property. Note the exact location using crossroads or nearby landmarks, report the pothole to the appropriate authority, and keep all repair receipts and medical bills. Also, consider hiring an experienced car accident lawyer in your area, as they can look into whether someone previously reported the pothole, help you file your documentation with the correct authority, and handle any communications for you.
In the future, in order to avoid pothole accidents altogether, maintain a sufficient following distance so you can spot and respond to any road hazards. Lower your speed in areas prone to potholes, and steer clear of puddles that might conceal road defects.
Seek Professional Legal Help With the Atlantic City Car Accident Lawyers at D’Amato Law Firm Today
If you get into a pothole accident in Atlantic City or the surrounding areas, trust the Atlantic City car accident lawyers at D’Amato Law Firm to protect your interests and rights. We have helped Southern New Jersey accident victims for more than 50 years and have built a reputation for thorough case preparation and dedicated client advocacy. Call our Egg Harbor Township, New Jersey, office location at 609-926-3300 or fill out our online form for a free consultation. We proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.