The state court that handles your case and the state law that applies will depend on who owns the bridge or the body of water underneath it. If the bridge is owned by a New Jersey entity, your case will likely be handled in New Jersey courts, applying New Jersey law. Conversely, if a New York entity owns the bridge, New York courts and law will govern the case.

If ownership is unclear, the specifics of the accident, such as the location of the accident and where it occurred, will determine jurisdiction and which state’s law applies. An experienced attorney can help clarify these issues and guide you through the process.

@the-pearce-law-firm-p-c 

How would I be able to determine which state owns the bridge? and what has the better laws concerning these type of cases?

@mileneh 

A single state does not own many NY-NJ crossings. They are often owned and run by an authority. Some practical ways to confirm who owns the bridge would be: Start with the bridge name. Many major NY-to-NJ crossings are Port Authority of NY and NJ facilities (for example, the George Washington Bridge, Lincoln Tunnel, and Holland Tunnel). You can also check the police crash report. It typically identifies the roadway, jurisdiction, and responding agency, which often implicates the operator. Another way you can do this is to look it up in public bridge databases. The FHWA’s National Bridge Inventory includes the responsible agency for bridges.

When it comes to which state is better, it really depends on which issue matters most to you. If your fault might be high, New York is often more favorable because it uses pure comparative fault (your recovery is reduced by your percentage of fault, not automatically barred). New Jersey generally bars recovery if you are more than 50% at fault. Depending on how long it has been since the accident, NY timelines are a little more lenient. NY is typically 3 years for personal injury; NJ generally is 2 years. There is also a difference in the limits on pain and suffering. Both states can restrict these claims under no-fault style rules (NY “serious injury” requirement; NJ policy-based “limitation on lawsuit”).

One big warning: if you might sue the Port Authority, both NY and NJ have stricter notice and timing rules (often 60-day notice and 1-year to file). However, these situations can be complex, and I strongly recommend consulting an experienced attorney who can explain them and help you navigate the process.