Defective road conditions in Summerville — like missing guardrails and potholes — can cause serious accidents, leading to severe injuries or even death. At Murphy Crantford Meehan, our experienced Summerville car accident attorneys understand the overwhelming trauma such incidents can cause. Even cautious drivers can fall victim to poorly maintained roads. Let us help you hold the at-fault party accountable. Call us today at (843) 960-3581 for a free consultation and learn how our expertise will potentially help maximize the compensation you deserve.
What qualifies as a defective road condition in a South Carolina car accident case?
If you’re looking to establish liability in a South Carolina defective road condition claim, it’s imperative to establish what, exactly, qualifies as a defective road condition. The most common defective road conditions in South Carolina that can cause serious injuries and even death to drivers include:
- Potholes: These depressions in the road surface result from water infiltration and subsequent pavement deterioration. Potholes can cause vehicle damage, loss of control, and accidents. The South Carolina sections of I-95 are particularly notorious for their potholes and road debris.
- Shoulder Drop-Offs: A shoulder drop-off is a formal name for a significant height difference between the roadway and its shoulder, which can cause drivers to lose control when returning to the pavement after veering off-road. Vehicles traveling at high speed are most susceptible to an accident in the shoulder drop-off.
- Overgrown Vegetation: South Carolina has a climate that plants love. Unfortunately, when there are untrimmed trees and shrubs, they can block traffic signs, signals, or oncoming vehicles, causing an accident
- Missing or Damaged Guardrails: Guardrails are essential safety features that prevent vehicles from veering off the road, especially in areas with steep embankments or sharp curves. If a guardrail is missing or damaged, it can lead to a tragic accident resulting in severe injury or even death.
- Uneven Pavement: Variations in road surface levels can lead to steering difficulties and increased rollover risks, especially for motorcycles and smaller vehicles.
Who can be liable for a car accident caused by defective road conditions?
In South Carolina, proving a road defect caused a car accident involves demonstrating that the responsible entity—such as a government agency, contractor, or private entity—failed to adequately maintain or repair the roadway. Liability may rest with the South Carolina Department of Transportation (SCDOT) or local municipalities responsible for road maintenance.
South Carolina’s sovereign immunity laws protect state and local government entities from lawsuits. Under sovereign immunity laws (which are like diplomatic immunity laws), the government, as the sovereign entity, cannot be sued without its consent. However, South Carolina’s approach to sovereign immunity allows individuals to file lawsuits against government entities under specific conditions.
These conditions fall under South Carolina’s Tort Claims Act, which allows for lawsuits against government agencies under particular circumstances, such as negligence in maintaining public roads.
Under the SCTA, government entities can be held liable in cases involving property damage, personal injury, or death resulting from their negligence.
The ability to sue the government, however, has some very specifically defined limitations and rules.
Monetary Caps
The SCTA caps the amount of damage a person can recover in a claim against the government. The current maximum liability for personal injury or death is $300,000 per individual, with a cap of $600,000 for any single incident involving multiple individuals.
Notice Requirements
The injured party must notify the government entity within a certain period before filing a claim.
Government Immunity for Certain Actions
The law does not apply to cases where the government is immune due to discretionary functions, such as policy-making decisions, or in cases where immunity is “explicitly preserved by law.”
Get Help from an Attorney
Given these complexities, it’s essential to consult an attorney to navigate South Carolina’s sovereign immunity laws and understand when and how to bring a valid claim against the government. The experienced Summerville car accident attorneys at Murphy Crantford Meehan will be able to vigorously defend you in your claim against the South Carolina government and get you the justice and the compensation you deserve.
How can a lawyer prove that a defective road caused my car accident?
A skilled Summerville car accident attorney can help gather the necessary evidence to prove that defective road conditions caused the accident. This proof involves investigating the scene, obtaining expert testimony, and understanding both traffic laws and rules and regulations involving road maintenance and the parties responsible for maintaining the roads (or failing to do so).
Identifying the Road Defect & Gathering Evidence
Perhaps the most important part of a defective road accident claim is identifying the culprit in the first place. Common road defects that can lead to accidents include potholes, missing guardrails, uneven pavement, poorly designed roadways, inadequate signage, and shoulder drop-offs. Your attorney will conduct a thorough investigation of the road conditions during the accident to determine whether any of these hazards were present. And this investigation will, of course, involve gathering evidence.
Evidence includes:
- Police reports: A law enforcement official is an objective third party. When the police arrive to take a report, they will be able to note the conditions of the road and its role in contributing to your accident.
- Accident scene photos and video: Photographs or video footage of the accident scene can visually demonstrate the severity of the defect and how it may have contributed to the crash.
- Eyewitness testimony: Eyewitnesses who observed the accident or who were passengers in the car with you will be able to testify to the conditions of the road and how they may have impaired your ability to successfully drive your car.
- Expert testimony: In some cases, your attorney may bring in experts, such as traffic engineers or road maintenance professionals, to testify about the defect and whether it violated standard safety practices. Experts can also explain how the defect could have directly contributed to the accident.
Proving Liability
Once the road defect has been identified and evidence has been collected, the next step is proving who is responsible for maintaining the road and whether they failed in that duty. South Carolina law generally holds government entities—such as the South Carolina Department of Transportation (SCDOT) or local municipalities—accountable for maintaining public roads safely. Your attorney will examine whether the party responsible knew about the defect and failed to address it or whether it was present long enough that they should have reasonably discovered and repaired it. For example, was a guardrail missing for several years, and the SCDOT failed to repair or replace it? This is an example of “present long enough that they should have reasonably discovered it and repaired it.”
Proving Causation
Your attorney must show causation to prove a defective road caused your accident. This means demonstrating that the road defect directly contributed to the crash rather than other factors like driver error or weather conditions. The attorney will use the gathered evidence, such as accident reconstruction reports and expert testimony, to show that the defect made the road unsafe and was a primary cause of the accident.
Demonstrating Damages
Finally, your attorney will help document the full extent of your injuries and damage caused by the accident. By adding up the cost of medical bills, lost wages, pain and suffering, and other losses from the crash, your attorney will demonstrate the severity of your injuries and the defective road’s role in causing the accident, thus maximizing your potential compensation.
Are there time limits for filing a claim for a defective road car accident in South Carolina?
In South Carolina, the statute of limitations (the limit in time in which you can file a claim for damages) for filing a defective road accident claim is three years. This means you have 36 months from the date of your initial accident to file a claim against the party responsible. If you fail to file within this time frame, you will be barred from filing a claim.
However, when the responsible party is the South Carolina Department of Transportation (SCDOT) or a local municipality — in other words, any member of the government — different rules apply. In such cases, a victim must file a notice of claim with the government agency within two years of the accident. A notice of claim puts the government “on notice” that you intend to file a suit, which gives them time to investigate the claim. Failure to file within this time frame will bar you from obtaining compensation for your injuries.
Contact Murphy Crantford Meehan Today
Navigating these complex laws of filing a claim against a government entity for a defective road accident is nothing if not tricky. That’s where the experienced Summerville car accident attorneys at Murphy Crantford Meehan come in. We have decades of experience handling the most challenging car accident cases, which helps us purse the compensation you deserve effectively and aggressively. Don’t wait to file your defective road car accident claim. Instead, contact us today, and let’s discuss your case.
