Court Rules Sussex County, NJ Motorcycle Accident Victim Entitled to Jury Trial
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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.
Fitzgerald appealed that decision, and earlier in December, a state appellate court division ruled that a jury would decide on the liability of Sussex County for the accident. The court ruled that the 90 degree arrow actually raised the potential for a crash because it was misleading to a motorcyclist who would not realize the trouble he was in until he had actually tuned the corner, and it was too late to increase his turning radius.
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.
