I was involved in a motorcycle accident. I went around a blind corner and hit a patch of gravel in the middle of my lane.

Asked almost 5 years ago - Washington, NJ

The police report showed a patch of gravel on the diagram and the officer wrote that I was not traveling at an excessive speed. I received no ticket. I was in the hospital for a week after the accident. I broke 10 bones. I was out of work for 6 weeks. I have acquired numerous medical bills from the accident that were not completely covered by my health insurance. Can I make a claim against the town who maintains the roads?

Attorney answers (3)

  1. Steven M Weisbrot

    Contributor Level 10

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    Answered . It is very possible that you may have one or more claims arising out of this accident. Claims against a town are subject to strict notice requirements that must be adhered to. Additionally, you may have to prove that the town had actual notice of the patch of gravel or that the patch had been there for so long that the town should have known it was there. You should definitely contact a New Jersey licensed Personal Injury attorney to preserve your rights. There is also the possibility that you may have a claim against your own insurance policy. I would be glad to discuss your options with you and invite you to contact me if you have any further questions. I can be reached at 973 467 1060

    MY STANDARD DISCLAIMER: Steven Weisbrot and the Law Office of Lane M. Ferdinand only provide legal advice after having entered into an attorney client relationship, which this website specifically does not create. It is imperative that any action taken be done on advice of counsel.

  2. Jon Mitchell Jackson

    Contributor Level 14

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    Answered . DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Claims against governmental agencies can be very difficult to win and personal injury cases can be complicated… especially when trying to prove liability, evidentiary foundations and damages.

    I ride motorcycles and understand what you’ve been through. In fact, we have a good “Motorcycle Report” you may want to review at the consumer section of our web site at www.JacksonWilson.com

    Having said that, you will need to show that the government (city) knew about the unsafe road condition and failed to correct it within a reasonable period of time. Adding to this issue the additional governmental immunities (protective legal shields), and you will probably find yourself running up against an expensive brick wall.

    One thought would be to see if you have uninsured motorist or med pay coverage providing you with funds to help with all of the bills. Was your bike insured? Call and ask if there is any additional coverage providing you with benefits.

    You may want to go to the AVVO web site and look for an experienced personal injury lawyer in your area. You may also want to check www.martindale.com or www.atla.org for excellent personal injury lawyers.

    If I were you, I would not attempt to handle this case on your own. Too many issues you need to deal with.

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    Tel No. 949-855-8751
    Toll Free 800-661-7044
    Email: mitch@jacksonwilson.com

    2009 “Top Gun” Orange County Trial Lawyer of the Year
    "AV" rated (top ratings in ability and ethics) and listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers (reserved for top 5% of all lawyers) www.JacksonWilson.com

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