Who Can Be Held Liable for a Wrong-Way Accident in NJ?

Wrong-way accidents are among the most severe and catastrophic types of car crashes, often leading to serious injuries or fatalities. These accidents occur when a vehicle travels against the designated traffic flow, typically on highways, one-way streets, or ramps. Given the high-speed impact, victims of wrong-way collisions often face life-changing injuries, making liability determination crucial in seeking compensation.

While it may seem obvious that the driver traveling in the wrong direction is responsible, liability isn’t always that straightforward. Poor road design, missing or obscured signage, vehicle malfunctions, or third-party negligence can also contribute to these crashes.

If you or a loved one has been injured in a wrong-way accident in New Jersey, understanding liability and your legal options is key to pursuing fair compensation. Having an experienced attorney on your side can significantly impact the success of your case.

What is a Wrong-Way Accident?

A wrong-way accident occurs when a driver mistakenly enters a roadway, highway exit, or one-way street, traveling in the opposite direction of oncoming traffic. These accidents frequently lead to head-on collisions, which are among the deadliest types of crashes.

Common Causes of Wrong-Way Accidents

According to the New Jersey Department of Transportation (NJDOT) and the National Transportation Safety Board (NTSB), the most common causes of wrong-way accidents include:

• Driver Impairment – Over 60% of wrong-way crashes involve a driver under the influence of alcohol or drugs.
  
• Poor Signage & Road Design – Missing, obstructed, or confusing road signs may cause a driver to enter a roadway incorrectly.
  
• Nighttime & Low Visibility – A significant percentage of wrong-way accidents occur at night when visibility is reduced.
  
• Senior or Inexperienced Drivers – Drivers over the age of 70 and those unfamiliar with the area are more likely to enter a roadway incorrectly.
  
• Drowsy or Distracted Driving – Fatigue or distractions, such as texting, may lead a driver to miss important road cues.
  
• Speeding and Reckless Driving – A driver traveling at excessive speeds may fail to notice one-way signage or misjudge an exit, leading them to enter the roadway incorrectly.

Proving Liability in a Wrong-Way Accident

Under New Jersey law, personal injury claims require proof that another party’s negligence directly caused the accident. Wrong-way accident cases generally involve one or more of the following liability factors:

1. The Wrong-Way Driver

• A driver traveling against traffic is presumed negligent unless there is clear evidence of another cause.
  
• If the driver was intoxicated, their Blood Alcohol Content (BAC) level can serve as critical evidence. New Jersey’s DUI laws (N.J.S.A. 39:4-50) establish a legal BAC limit of 0.08% for drivers, with stricter limits for commercial drivers and minors.
  
• Evidence such as traffic camera footage, witness statements, and police reports can help establish fault.

2. Government or Municipality Liability

• Poorly maintained or missing road signs and inadequate highway lighting may shift liability to the New Jersey Department of Transportation (NJDOT) or local municipalities.
  
• The New Jersey Tort Claims Act (N.J.S.A. 59:4-2) allows injury claims against government entities if a roadway defect contributed to the accident.
  
• If previous complaints about a dangerous intersection or confusing signage had been ignored, this could strengthen a claim against a government entity.

3. Vehicle Manufacturer or Mechanic

• If mechanical failure (such as faulty brakes or steering) caused the accident, the vehicle manufacturer or a negligent mechanic may be liable under New Jersey product liability laws (N.J.S.A. 2A:58C-1).
  
• In some cases, defective navigation systems or malfunctioning GPS directions have caused drivers to mistakenly enter one-way streets, which may result in liability for technology companies or vehicle manufacturers.

4. Other Drivers

• If another driver forced a vehicle into the wrong lane due to reckless behavior, they may share liability.
  
• Cases where an aggressive driver cut off another driver, causing them to enter oncoming traffic, could result in a shared fault.
  
• Commercial trucking accidents sometimes involve multiple vehicles, making liability complex. A trucking company may be responsible if their driver’s negligence contributed to the wrong-way accident.

How Road Conditions and Traffic Signs Affect Liability

New Jersey’s infrastructure plays a significant role in preventing wrong-way accidents. However, defective road designs, missing traffic signs, and unclear markings can create dangerous conditions.

Roadway Factors That May Contribute to Wrong-Way Accidents:

• Lack of ‘Wrong Way’ or ‘Do Not Enter’ Signs
• Faded or Missing Pavement Markings
• Poorly Designed Exit Ramps
• Malfunctioning Traffic Lights
• Blocked or Overgrown Signs

Preventive Measures by NJDOT

• Increased use of reflective wrong-way signage to enhance visibility.
  
• Installation of detection systems that alert drivers when they enter a roadway incorrectly.
  
• Regular road maintenance programs aimed at keeping signage clear and up to date.

Book a Free Consultation with Our Experienced Lawyers Now!

If you or a loved one has been injured in a wrong-way accident in New Jersey, you need a law firm that understands state-specific laws and statutes to help you recover the compensation you deserve.

At Rosengard Law Group, we have extensive experience handling personal injury and wrongful death claims resulting from wrong-way accidents. Our skilled New Jersey car accident attorneys will investigate your case, gather evidence, and fight for the maximum compensation available under NJ law.

What We Offer:

• Free case evaluations
• No fees unless we win
• Aggressive legal representation tailored to your needs
• Proven success in personal injury cases

Contact us today at Rosengard Law Group or call (856) 284-6446 for a free consultation.