A pothole or crumbling road can send a cyclist to the ground in an instant. When that happens on a public road, many riders assume no one is to blame. In New Jersey, that is not always true. Towns and cities have a legal duty to keep their roads safe. When they fail to do so, injured cyclists may have the right to file a claim.
At Mandelbaum Barrett PC, our bicycle accident attorneys know how serious these injuries can be. We also know how confusing it can feel to go up against a local government. We are here to explain your rights and help you figure out what your options are.
How New Jersey Law Handles Municipal Liability
Suing a town or city is not the same as filing a claim against a private driver. In New Jersey, the Tort Claims Act (N.J.S.A. 59:1-1 et seq.) controls lawsuits against government bodies. Under this law, governments have some protection from being sued. But that protection is not total.
When Can a Municipality Be Held Responsible?
Our team handles claims against public entities regularly, and we know that proving one requires meeting a specific legal test. A cyclist must show that the government knew, or should have known, about the dangerous road condition. They must also show that the failure to fix it was so extreme that no reasonable official could justify it. Finally, the road defect itself must have caused the injuries.
Common road problems that can support this type of claim include:
- Potholes that have been reported but left unrepaired
- Cracked or raised pavement that can catch a bicycle tire
- Missing or broken warning signs near known hazards
- Poor drainage that causes water to pool across bike routes
These are serious safety issues. Understanding whether one of them caused your crash is a key part of building your case.
The Notice of Claim Requirement
One of the most important rules in these cases is the notice of claim. Before you can sue a New Jersey municipality, you must file a written notice with that government body within 90 days of the accident. The New Jersey Division of Risk Management outlines exactly what this process requires and how to submit the form. Miss this deadline, and you may lose your right to recover anything, no matter how bad your injuries were.
What Must the Notice Include?
The notice must describe where and when the crash happened. It must also explain the road defect and describe the injuries you suffered. Courts rarely allow exceptions to this deadline, so acting fast is critical. Our guide on bicycle accident injuries and claims documentation walks through how to preserve key evidence right after a crash.
Proving the Government Acted Unreasonably
The legal bar in these cases is higher than in a typical accident claim. A cyclist must show that the government’s failure to fix the road was not just careless, but plainly unreasonable. This means the inaction was so far outside the norm that no reasonable official could excuse it.
Evidence matters a great deal here. Prior complaints about the same road defect, unresolved repair requests, or repeated temporary fixes that did not hold can all help. Photos taken at the scene, witness statements, and government maintenance records can also play a major role. Knowing how much time you have to file and acting within that window can make the difference between a viable claim and one that gets dismissed. How a cyclist responds in the days after an accident often shapes what the case looks like down the road.
Many cyclists who are hurt in crashes like these also suffer serious injuries that affect their ability to work, move freely, and live their daily lives. The strength of your case depends in part on how well that harm is documented.
Contact Mandelbaum Barrett PC After a Bicycle Accident
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. Our team knows what it takes to pursue claims against public bodies in New Jersey. We will look into what caused your crash, identify who is responsible, and fight for the full compensation you deserve.
If a dangerous road caused your bicycle accident, do not wait. The 90-day notice deadline moves fast, and the sooner we start investigating, the better your chances of holding the right party accountable. Reach out to us today through our contact form to speak with a member of our personal injury team.