Passengers Injured When Driver Strikes Retaining Wall

Samuel Nappers, Jr., 60, of Hightstown, New Jersey, was operating his motor vehicle in Hopewell, New Jersey when he lost control of his car as he tried to negotiate a curve on Route 29 at 11:57 p.m. As a result, he struck the retaining wall outside of Washington Crossing State Park. The wall, which is part of the park, is made up of stones and is not one smooth surface and the impact of the car was intense enough to knock some of those stones loose.

Nappers had two passengers in his car. The impact was severe enough that Nappers and his two passengers suffered fractures and all were transported to St. Mary’s Hospital in Langhorne, Pa.

Who was at fault for this New Jersey Auto accident? Most people’s initial reaction would be to say that Mr. Nappers was solely at fault, especially since he was issued a citation for careless driving. This, in fact, may be the case but there are other avenues that also must be explored. This area of Route 29 may have presented a particularly serious danger to motorists and the municipality may have been aware of this because of past accidents and/or studies done. With proper investigation, the municipality may be held at least partially liable.

Whenever a municipality can potentially be held responsible for a hazardous roadway in New Jersey, formal notice must be filed on that entity within ninety (90) days. This is called a Notice of Tort Claim and falls under Title 59. If this step is not taken, the injured party, absent a few exceptions, loses his or her right to ever bring a claim against the municipality.

If you are involved in an accident, it is imperative that you contact an experienced New Jersey personal injury attorney as soon as possible. An experienced New Jersey personal injury attorney will be able to analyze your case from all angles and make sure that your rights are protected.