A New Jersey woman has won a major victory as an appellate division court overturned an earlier ruling that could now pave the way for Sussex County's liability in causing her motorcycle accident in 2004. The crash left Kathleen Fitzgerald with severe injuries, and was blamed by the victim on a faulty sign that depicted a 135 degree turn as a right angle.

On May 30, 2004, Kathleen Fitzgerald was riding her Harley Davidson when she saw a sign that showed a right angled turn ahead. Only, the turn was a hairpin bend, and the motorcycle crashed against a guardrail. Fitzgerald's legs and foot were badly smashed.  She filed a lawsuit against the County, which alleged that there had been at least 22 other documented accidents in the area between 1999 and 2004 because of the defective sign. But in 2005, a state Superior Court judge ruled that Sussex County had immunity from liability. In delivering this ruling, the judge maintained that Fitzgerald had adequate warnings about the hairpin curve ahead, including 10 mph speed limit signs that were posted just before the curve. There was also a 90 degree arrow just before the bend that should have been enough warning for any motorcyclist, the judge ruled at the time. 

None of the supposedly "adequate" warning signs that were posted before the bend can take away from the fact that there was a sign that gave incorrect directions about what a motorcyclist could expect while riding on ahead. County authorities are required to maintain safe roads for motorcyclists and motorists, and this includes making sure that all signage is appropriate and perfectly understandable. There seems to be enough County liability here to go around and then some, and I am glad that Fitzgerald will now have a shot at justice. The County doesn't need protection – it's innocent motorists on the road who deserve to be safe, and to receive compensation if the lack of proper signage causes their injuries.  It would have made more sense for the County to have acted about the improper signage before an accident, instead of having to face New Jersey motorcycle accident lawyers after a crash.

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.

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.

 As Monmouth County and New Jersey motorcycle accident attorney I have witnessed first hand the devastating life altering effects of motorcycle crashes. In this particular situation there could be many factors that made the rider swerve into the opposite lane leading him to strike the curb. What ever the cause of the accident may be, drivers on the road have to make sure they are careful around motorcycle riders. A simple act of having your high beams on can blind a driver and when the driver is a motorcycle rider they can more easily lose control and crash. One way to simply lower the motorcycle fatalities is to always keep a safe distance between your vehicle and the motorcycle and always proceed with caution before entering into a turn or a lane change. Motor vehicle drivers can do their part by being more responsible on the road and hopefully motorcycle riders will do their part by taking the right safety precautions.