Reduced Earning Capability After a Charleston Car Accident

At Crantford Meehan, we understand the trauma of getting hurt in an accident. Sometimes, even the most responsible drivers can’t navigate dangerous roads safely. You can hold the at-fault party liable if you lose control and crash.

Call Crantford Meehan at (843) 960-3581 for a free consultation today to learn more about how we can help.

Overview of Car Accidents Caused by Road Defects

Car accidents caused by road defects are often overlooked but can be some of the most dangerous. Hazardous road conditions such as missing guardrails, potholes, or poor drainage can cause drivers to lose control, resulting in serious injuries or even fatalities. In Charleston, roads are exposed to the elements, and many defects can go unnoticed, increasing the risk of an accident. If you’ve been involved in an accident caused by a road defect, you may have legal recourse to recover compensation for your injuries and damages. Our team at Crantford Meehan can help guide you through the process of pursuing justice and compensation.

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Common Road Defects That Cause Car Accidents

Erosion, flooding, damage, and other factors can contribute to a defective roadway. Natural wear and tear from frequent vehicle travel compromises structural integrity. Some problems are unavoidable, but the negligent actions of specific people and entities can also create those defects and put others in harm’s way

Defects develop when damage, debris, and other hazards go unaddressed. It increases the likelihood of an accident, especially if motorists don’t pay attention to their surroundings or behave carelessly at the wheel.

The most common types of road defects include:

Uneven roads

Driving on uneven roads is challenging. The unstable surface makes it harder to keep the vehicle in the lane. Motorists can’t stay on course if dips and drop-offs pull their cars in the wrong direction.

Missing guardrails

Guardrails prevent vehicles from rolling down embankments or cliffs. They also absorb the impact of a collision. Without guardrails, nothing keeps drivers from crashing into a pond or driving off a bridge.

Potholes

Potholes might start as a minor issue. Poor weather conditions, changing temperatures, and other complications cause them to expand and deepen. Driving over a pothole can puncture a tire or cause motorists to lose control of their vehicle.

Inadequate drainage

Flooding can occur if rainwater doesn’t drain from the road. A car can suddenly hydroplane or stall, causing a collision.

Road debris

Debris commonly accumulates on roadways. Trash, leaves, and other items create obstacles drivers must navigate to avoid a crash. Government agencies must remove debris promptly to prevent dangerous conditions from disrupting the normal flow of traffic.

Ineffective signage

Damaged, missing, or confusing signs don’t direct motorists around others. It’s more difficult to determine how fast to drive, when to yield, or whether there’s a dangerous curve ahead.

Poor lighting conditions

Adequate lighting improves visibility, so drivers notice dead animals, potholes, and other hazards. Missing or poorly placed streetlights create challenges in reading traffic signs or seeing pedestrians crossing the road.

Construction areas

Construction workers must warn motorists of construction zones with barriers, cones, and other safety devices. Knowing when to slow down and how to navigate around these dangerous areas is crucial.

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Who Is Liable for an Accident Caused by Road Defects in Charleston?

The government is often responsible for repairing and maintaining roads. Proper upkeep is necessary to fix defects, uncover structural problems, and remove known hazards. Placing warning signs is necessary if promptly addressing the defect isn’t possible. Anyone injured in a car crash due to a defect might have grounds for a lawsuit against the government.

Typically, sovereign immunity protects government entities from liability. That means no one can file a lawsuit against an entity for accidents arising from its misconduct or an employee’s negligence.

However, the South Carolina Tort Claims Act waives immunity under specific circumstances. You could hold the state, a political subdivision, an agency, or a governmental entity liable when their actions have caused you injury.

A claim against the government requires a person to suffer a loss proximately caused by a political subdivision, an agency, a governmental entity, or the state and its employee acting within the scope of their official duty.

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Compensation Available After Injuries from a Road Defect

The compensation you can recover will depend on who caused the dangerous road conditions that led to the car crash. Governmental entities often carry liability insurance with significant coverage.

Anyone registering a motor vehicle in South Carolina must have auto insurance with liability coverage.

The law requires maintaining minimum limits of:

$25,000 for bodily injury or death of one person
$50,000 for total bodily injury or death in one accident
$25,000 for property damage per accident

You could hold another driver liable for the car crash if they didn’t navigate the road defect responsibly. For example, if another motorist didn’t slow down for a pothole they were approaching and caused the collision, you could file a claim with their liability insurer.

Whether you file a claim or lawsuit against an at-fault driver, the compensation you secure might cover your:

Lost wages
Lost earning capacity
Emergency room visits, prescriptions, rehab, and other medical expenses
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

You can file a claim with your auto insurance company if the negligent motorist doesn’t have liability insurance. Uninsured motorist (UM) coverage pays lost wages, medical bills, and pain and suffering for injuries in an accident with an uninsured driver. Uninsured motorist property damage (UMPD) covers the cost of repairing a vehicle.

$1,272,800 Single Car Collision
$125,000 Car collision
$100,000 Car collision
$400,000 Pedestrian v. Car Collision
$130,000 Single Car Collision

Get Help from an Experienced Charleston Car Accident Attorney

Don’t pursue your case alone. Let Crantford Meehan represent you against the negligent government entity. Our car accident attorneys in Charleston will fight by your side for the compensation you deserve.

Call us at (843) 960-3581 for a free consultation if you get hurt in a car accident caused by a road defect.

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CLIENT TESTIMONIALS WHAT PEOPLE ARE SAYING ABOUT US

“Helped me through the hardest time in my life “

Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...

Harleigh Tenio
My ‘go to’ for legal help.

Attorney William Crantford has been great! He is my “go to” for legal help.

David Childress
Mr. Meehan was very professional.

Mr. Meehan was very professional. He made sure to address all of the questions and concerns that I had while working with him. I would absolutely recommend Crantford Meehan to anyone looking for an attorney who works hard to get you the best possible outcome.

Nikki M.

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Deadline for Filing a Lawsuit in South Carolina

If you sustained an injury in a car crash due to another driver’s negligence, the statute of limitations allows a three-year timeframe to file a lawsuit. You must initiate your lawsuit within three years of the accident to seek compensation.

The timeframe is shorter if you sue the government for the road defect. The statute of limitations allows a two-year timeframe to file suit.

Frequently Asked Questions

What is considered a road defect in Charleston?

A road defect refers to any issue with a roadway that creates a hazardous condition, such as potholes, missing guardrails, uneven roads, inadequate drainage, debris, or poor signage. These defects increase the risk of car accidents and can cause serious injuries.
Who is liable for a car accident caused by a road defect?

The government, including local or state entities, is typically responsible for maintaining roads. If a road defect leads to an accident, the responsible governmental entity might be held liable. In some cases, private parties or contractors involved in road construction may also be liable.
Can I recover compensation for a road defect accident?

Yes, if you were injured due to a road defect, you can recover compensation through an insurance claim or lawsuit. The compensation may cover medical expenses, lost wages, pain and suffering, and property damage. If a government entity is liable, they may carry liability insurance.
What is the statute of limitations for filing a lawsuit for a road defect in Charleston?

The statute of limitations for filing a personal injury lawsuit for a road defect in South Carolina is typically three years from the date of the accident. However, if suing a government entity, you must file within two years of the incident.
How do I prove a road defect caused my accident?

To prove a road defect caused your accident, you will need evidence such as photographs, police reports, witness testimony, and expert analysis. An experienced attorney can help gather this evidence to strengthen your case.
What if the driver at fault doesn't have insurance?

If the at-fault driver does not have insurance, you can file a claim with your own insurance company if you have uninsured motorist (UM) coverage. This coverage can pay for medical bills, lost wages, and pain and suffering.