If you have been hurt in a car accident during a snow storm, which was caused because the State did a bad job plowing the roads, the State is not responsible for your injuries.

In New Jersey, the State counties and cities are immune for the negligent removal of snow from the public roadways. In plain language, this means that if your car skids off an unplowed public roadway and you are injured, you will be unable to successfully sue the State, or its political subdivisions, for your injuries. A law passed in 1972 called The New Jersey Tort Claims Act, (Title 59 of the New Jersey Statutes), specifically limits lawsuits against public entities for the State's failure to remove snow and ice and for the negligent removal of snow and ice.

However, if the injuries are caused due to a condition of the public property, and not due solely to the State's negligence in plowing the roads you can potentially make a claim for your injuries. The particular facts of the accident and the condition of the public property that caused your injury are crucial. And claims against public entities, like a city or the State, are generally not as easy to pursue as claims against a private business. For example, a notice of claim must be filed within 90 days of the date of the accident, and the public entity has certain defenses that private companies do not have.

For these reasons, it is very important that you immediately contact an experienced personal injury attorney if you have been hurt in an accident. At Druckman and Hernandez we are available any time to speak with you about your case. If you have been injured please feel free to call us at 908-353-5850.