Road Defect Accidents

New Jersey Road Defect Car Accident Attorneys

If you were injured in a road defect accident, you may not know who to turn to or what steps to take first. The New Jersey car accident attorneys at Brach Eichler Trial Lawyers can guide you through the process to ensure you receive the maximum compensation available.

When asked to think about a typical car accident, you may picture in your head a rear-end collision or a distracted driver crashing into another car. Automatically you think of two drivers, one perhaps engaging in negligent driving behavior, leading to a serious accident and debris scattered on the roadway.

Rarely do you picture car accidents taking place because of a defect in the road. Yes, we all shout at the occasional pothole or blinking traffic light, but did you know that if a defect is to blame for causing an accident, you may be entitled to compensation? Road defects are more common and problematic than most people think, and they can lead to serious accidents and injuries.

You have legal rights and may be able to recover compensation for property damage and your medical expenses. At Brach Eichler Trial Lawyers, we have skilled attorneys with experience handling accident cases caused by road defects. If you or a loved one has been involved in an accident and thinks a road defect is to blame, contact the office of Brach Eichler Trial Lawyers for help with your case. We offer a free consultation to review the facts surrounding your claim, you just need to call (973) 364-8300 to schedule your visit.

Do You Need an Attorney Following a Road Defect Accident?

In one word, yes. Road defect cases can be more complicated than other car accident cases depending on the responsible party. If you are attempting to recover compensation from an insurance company, an attorney can help you negotiate favorable terms to a settlement. Most insurance companies want to keep their money right where it is, in their own pockets. However, having an attorney fighting to protect you means an insurance company is less likely to resort to tactics that could end up short-changing you on the compensation you deserve.

Depending on the defect and type of accident you were in, a government agency, third-party construction crew, or private business may also bear liability in a road defect claim. These parties, especially government agencies, have a duty to maintain safe and properly maintained roadways for New Jersey drivers. However, holding one of these parties liable for compensation, especially the government, is notoriously difficult and complicated. It is a process that should not be undertaken alone. It takes a seasoned attorney with experience and resources to tackle a case that involves the government, but we believe those that contribute to an unsafe environment must be held accountable.

At Brach Eichler Trial Lawyers, our legal team will thoroughly review the facts and circumstances surrounding your accident. We have the resources available to investigate the cause of the accident and then lay out all your legal options. Let us help guide you through this stressful and complicated process. You can focus on your recovery, while we focus on getting you the maximum amount of compensation you are entitled to. 

What Is a Road Defect?

Most accidents are the result of one or more drivers using reckless or negligent behavior behind the wheel. Think distracted driving, drunk driving, or even speeding. Road defect accidents are different. A road defect accident is an accident that is caused by poor infrastructure maintenance, poor road conditions, or a poor road design. Road defects are typically caused when a city, town, municipality, county, state, or even the federal government, fails to properly maintain roadways.

This failure leads to unsafe conditions that can cause or contribute to serious car accidents. Some of the most common road defects that lead to accidents include:

  • Potholes
  • Unsafe road design
  • Poor road construction
  • Missing road signs
  • Overgrown vegetation
  • Improperly working traffic lights
  • Inadequate lighting
  • Inadequate safety features such as a lack of guardrails
  • Road debris
  • Poor drainage leading to standing water issues
  • Lack of crosswalks
  • Missing guardrail

The government may not be the only party responsible for road defect issues. Construction crews that cut corners or use poor or improper construction methods may cause road defects as well.

Injuries Associated With Road Defect Crashes

Road defect accidents can have a wide range of consequences. A pothole accident may leave you with some minor injuries and a lot of damage to your vehicle. A road defect accident involving a weak or missing guardrail could result in severe injuries, possibly even death. The type of road defect and the type of accident it causes can vary drastically.

Some of the more common injuries that can be attributed to road defect accidents include:

  • Traumatic brain injury
  • Concussion
  • Whiplash
  • Head, neck, and back injuries
  • Spinal injuries
  • Broken bones
  • Internal bleeding
  • Organ damage
  • Wrongful death

Road defect accidents can be sudden and unexpected. Victims may suffer serious injuries as a result and are then forced to consider how they will end up paying for their extensive medical care. Victims of road defects have legal rights and may be entitled to compensation that will cover medical expenses and property damage. Talking to an experienced and professional attorney with Brach Eichler Trial Lawyers is the best way to determine if you can recover damages for your injuries following a road defect accident.

Can I Be Compensated for a Road Defect Accident?

If you or a loved one suffered an injury related to a road defect accident, you may be entitled to financial compensation for your injuries. The amount will depend greatly on the circumstances of your accident. At Brach Eichler Trial Lawyers, we understand that every case is unique. We review all the evidence, investigate the circumstances of the accident, determine who may be liable, and carefully calculate your damages. It is with this complete approach that we are able to seek the maximum amount of compensation that our clients deserve.

New Jersey is a no-fault state, which means you will need to turn to your own personal injury protection insurance first to cover your medical expenses, lost wages, and other out-of-pocket expenses resulting from your accident. However, if your injuries are serious, you may be entitled to recover additional damages through an injury claim.

Typically, in an accident claim, you may be able to recover damages for the following:

  • Current medical bills
  • Future medical bills related to the accident
  • Loss of income
  • Loss of earning capacity
  • Property damage
  • Disfigurement
  • Pain and suffering

Proving a Road Defect Claim

Another reason it is wise to seek professional help from an attorney is that proving road defect claims can sometimes be difficult. Road defect claims are not as straight-forward as most general collision cases. Depending on the responsible party and whether you are filing an insurance claim or a claim against the government, you will need substantial evidence demonstrating the poor condition or the road.

An experienced attorney will be able to conduct a complete investigation into the circumstances of your accident in addition to tracking down vital paperwork and records that could help strengthen your road defect claim. That paperwork may include survey records that could potentially show road damage or defects in the vicinity of your accident. An attorney may also be able to track down witnesses and video surveillance footage of the accident from nearby cameras that could verify the state the road was in at the time of the accident.

If you are involved in what could be considered a road defect accident, it is important that you take these simple steps to help strengthen your claim:

  • If your injuries are serious, seek medical attention immediately and call the authorities
  • Record the exact location of the accident, including the name of the road, nearby landmarks, and the condition of the road.
  • Take pictures of the road, if possible. Document the condition of the road if it is safe to do so, take pictures of the vehicle damage, and make notes while the incident is fresh in your mind.
  • Note all the physical conditions of the defect.
  • Write down any witness contact information.
  • Contact a skilled attorney about your claim. 

Contact an Experienced Road Defect Attorney Today

If you or a loved one has been the victim of a road defect accident, you may be under the impression that there is nothing you can do. Wrong. If you’ve been hurt as the result of a road defect, you may be entitled to compensation for your injuries. Government agencies have a duty and responsibility to maintain safe roadways for New Jersey drivers. When they fail to uphold that safety standard, you may be able to recover compensation for the damage that failure caused.

At Brach Eichler Trial Lawyers, we won’t be intimidated by big insurance companies or government agencies. We will aggressively fight to protect our clients and make sure they are compensated properly for their injuries. Our legal team has the knowledge and skill base to negotiate for the settlement you deserve. If a party is unwilling to negotiate in good faith, we aren’t afraid to take them to court to make sure you get the financial compensation you’re entitled to.

Contact the team at Brach Eichler Trial Lawyers today to discuss the facts surrounding your road defect case. Call (973) 364-8300 to schedule a free case evaluation today.

FREE CONSULTATION

Speak With a Skilled Auto Accident Attorney

If you have been involved in a motor vehicle accident, call us. We are here for you. The consultation is Free. You will not pay any fees unless we win your case, because here at Brach Eichler Trial Lawyers, it's all about getting results for you.

Our Verdicts & Settlements


  • $5.8 Million Settlement Brach Eichler Trial Lawyers Obtained a $5.8 Million Settlement on Behalf of Injured Client
  • $5.35 Million Settlement Brach Eichler Trial Lawyers Obtained a $5.35 Million Settlement at Trial on Behalf of a Pedestrian Struck by a Tractor Trailer
  • $4.8 Million Settlement Brach Eichler Trial Lawyers Obtained a $4.8 Million Settlement on Behalf of a Woman Injured in a Trucking Accident
  • $2.25 Million Settlement Brach Eichler Trial Lawyers Obtained a $2.25 Million Settlement for an Auto Accident Victim in Bergen County

Meet Our Trial Attorneys


The trial attorneys at Brach Eichler Trial Lawyers have decades of experience with personal injury litigation. We understand the difficulties accident victims experience. Our staff is especially skilled at dealing with medical providers and insurance companies to navigate these claims and allow you to focus on what is truly important - getting back to health.

Meet Our Trial Attorneys


The trial attorneys at Brach Eichler Trial Lawyers have decades of experience with personal injury litigation. We understand the difficulties accident victims experience. Our staff is especially skilled at dealing with medical providers and insurance companies to navigate these claims and allow you to focus on what is truly important - getting back to health.

What Our Clients Are Saying About Us


  • "Best personal injury law firm in New Jersey! My case was not a simple case, but Ed Capozzi and his team took it head on. It was a pleasure to deal with Ed Capozzi and Corey Dietz. All their knowledge and fast response to any questions I had throughout the case made it easier on me. I can’t forget about Mr. Capozzi’s wonderful paralegal. Ella Twardowski was a pleasure to talk to and work with. Everybody was kind and thoughtful. This team of attorneys never made me feel like I was just another case. They make you feel like friends. If you need an personal injury lawyer, give Ed Capozzi and Corey Dietz a call! They won't let you down! Thanks to everyone at Brach Eichler Trial Lawyers! You guys rock!"

    Matt Wislocki
  • "I would never choose another law firm!! Mr. Edward Capozzi and Valentina treated me like family. I was scared to go to court but when I did, he was very aggressive and fought for me. I got so much money for my case!! I can't say it enough, THANK YOU!! THANK YOU!!"

    Margarita C.
  • "Brach Eichler Trial Lawyers is a top notch law firm. I worked specifically with Mr. Capozzi, and was very impressed with his knowledge of personal injury law, and his commitment to ensuring I got the result I deserved."

    Stephen Quigg
  • Best Lawyers
    Best Law Firms US News
    Bergen's Top Lawyers 2016
    American Association for Justice
    Topverdict.com Top 50 Settlements work accident 2018 logo
    Best Attorneys of America
    Super Lawyer
    America's Top 100 Personal Injury Attorneys 2019

Our Locations

Speak to an attorney today!


If you have been injured in an accident, call us! We are here for you 24 hours a day. The consultation is free. You will not pay any fees unless we win your case, because here at Brach Eichler Trial Lawyers, it is all about getting results for you.
  • This field is for validation purposes and should be left unchanged.
Call Email chat