New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

According to a report in the Washington Post, you're more likely to die in an accident caused by a defect in the design or maintenance of the road, than by speeding, drunk driving or failure to wear a seatbelt.

A study commissioned by the Transportation Construction Coalition and released last week says that more than 50 percent of the automobile accidents that take place in the country are caused because of a defective or dangerous highway. According to the report, poor roadway design or maintenance was a factor in approximately 22,000 accident-related fatalities annually. These fatalities cost the economy $217.5 billion each year. In comparison, fatalities caused by speeding-related accidents cost $130 billion, speeding related accidents cost the economy $97 billon, and failure to wear seatbelts resulted in costs of $60 billion to the economy. Yet, accident fatality prevention efforts in our country seem to focus heavily on drunk drivers and speeders (which is absolutely necessary) and seatbelt enforcement, with little attention paid to the obstructive utility poles, the lack of barriers, the barely visible signs and other roadway defects that cause most of these accidents.

Much of the problem, the report says, occurs because of defects on older roads and back roads. These roads, which were built for exponentially fewer numbers of automobiles, haven’t kept pace with the rapid growth of populations, and the large number of automobiles on our roads today. The study calls for more investments in infrastructure development, including construction, repairs and maintenance of our back roads.

The Federal Highway Administration agrees that making highway improvements would save lives. With $16 billion from the federal stimulus funds currently tied up  in highway improvement projects around the country, we could see the impact in the form of a drop in accident-related fatalities in the years to come.

In New Jersey, work has already begun on massive highway development projects, involving an expenditure of $389 million. Projects that will be paid for by stimulus money include those in Bergen, Monmouth, Passaic, Essex, Hudson, Somerset Counties etc. As a New Jersey personal injury lawyer who frequently represents victims of accidents in these areas, I couldn't be happier about these investments in safer roads for all.

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 You can't fail to see the irony of a man surviving 15 months on duty in Iraq, only to die in a New Jersey motorcycle accident barely three months after his return. On the 21^st of September last year, 21-year-old Anthony LaSelva, a New Jersey Army National Guard reservist was riding his new Kawasaki motorcycle on a Washington Township road. As he rounded a sharp corner, he struck a curb, and then crashed into a street light that wasn’t even lit at the time. LaSelva died from injuries sustained in the accident.

His family has now filed a lawsuit against the municipality for its failure to create safe conditions for driving on that road. The corner where the accident occurred has no warning sign posted to warn motorists or riders of the intensely sharp curve ahead, and the street lights were not functioning properly. In short, conditions were perfect for a fatal crash like the one that killed LaSelva. The lawsuit cites the "negligence" of the township for permitting "hazardous conditions" on the road, manifested by the lack of signs and non-functioning street lights.  The lawsuit also mentions Atlantic City Electric, which is the company that was responsible for maintaining the street lights.

The Township has refused to admit responsibility for the accident, saying it could not be held responsible for LaSelva's death. This despite the fact that several complaints had been made by residents in the neighborhood to the authorities, regarding the malfunctioning street lights on that stretch of road. The Township had also received complaints about the sharp curve, and the lack of warning signs at the site. 

If the authorities had made an effort to fix problems with the street lighting, and wake up to the possibility that a sharp curve on a poorly-lit street was fraught with dangerous possibilities, it's highly likely that LaSelva would have been alive today.  As for his family, it's easy to understand their anguish. As his mother says, she thought he was safe when he finally returned from Iraq after serving 15 long months in one of the most dangerous places on earth. She probably never considered the fact that the streets in her town could be as treacherous as a war zone.

Unfortunately, all too often authorities scrimp on essential road maintenance until there is a tragic incident that calls for action. Why does a young man have to die for the municipality to wake up to the enormity of the problem? It seems like it's only when a New Jersey motorcycle accident lawyer gets involved, that the people in charge are forced to sit up and take notice of the issue.

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