Charleston Road Hazard Injury Claims

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Road hazards like potholes, debris, and poor signage cause crashes across Charleston every year. If a bad road hurt you, you may have a claim for your losses.

The personal injury attorneys at Crantford Meehan have helped Charleston residents recover millions for road hazard injuries. Our firm secured a $400,000 settlement for a North Charleston pedestrian accident and multiple six-figure results for crashes caused by dangerous road conditions.

Common Road Hazards in Charleston

Charleston’s coastal weather, heavy traffic, and aging roads create hazards drivers face daily. The most common include:

Potholes and surface defects — Heavy traffic and coastal settling wear down roads fast. Potholes can blow tires, damage wheels, or cause drivers to swerve into other lanes. They also lead to single-vehicle crashes when drivers lose control.
Construction zone hazards — Construction zones on I-26, Highway 17, and Folly Road often have bad signage, missing barriers, and debris in travel lanes.
Debris and fallen objects — Storm damage, loose cargo, and construction materials create sudden dangers. Drivers who brake hard to dodge debris cause rear-end crashes.
Faded signs and road markings — Missing or damaged signs lead to confusion and distracted driving as people try to read unclear lanes.
Drainage and flooding — Charleston’s low ground and heavy rain create standing water. Poor drainage leads to hydroplaning and multi-vehicle crashes during storms.

Who Is Liable for Road Hazard Injuries?

The party who should have fixed the road may owe you damages. In South Carolina, several types of parties can be at fault.

Government entities are often responsible. The South Carolina Department of Transportation (SCDOT) maintains highways, state routes, and bridges. Cities and counties maintain local roads. Under the South Carolina Tort Claims Act, you can sue these entities if they knew about a hazard and failed to fix it. Key rules for government claims:

Damage caps of $300,000 per person ($600,000 per occurrence for wrongful death)
The government must have had actual or constructive notice of the danger
Government entities keep some immunity for road and sign issues
Punitive damages are not allowed against government defendants

Contractors and third parties can also be liable. Construction companies and utility crews who leave debris, skip warning signs, or create unsafe conditions may owe damages. These cases often involve premises liability claims. Understanding legal filing requirements is key for building your case.

Injuries from Road Hazard Crashes

Road hazard crashes cause a wide range of harm. Common injury types include:

Vehicle control loss — Hitting a pothole or debris can cause rollovers or crashes into fixed objects. These often lead to traumatic brain injuries, spinal cord injuries, broken bones, and paralysis.
Motorcycle and bicycle crashes — Riders have less protection. Potholes and uneven roads cause loss of control, leading to road rash, fractures, and head injuries. Motorcycle crashes from road hazards tend to be more severe than car crashes.
Pedestrian injuries — Pedestrians trip on uneven surfaces, get hit by cars that swerve around hazards, or get struck by debris.
Chain-reaction crashes — One car hitting a hazard can set off a pile-up. This is common on I-26 and during rush hour. Truck crashes from road hazards are often the worst due to the size of commercial vehicles.

Proving Fault in Road Hazard Cases

To win your claim, you must show the responsible party was careless. Proving fault requires four things:

Duty of care — The party had a legal duty to keep the road safe. This includes regular checks, prompt repairs, and proper warning signs.
Breach — They failed to maintain the road, fix known hazards, or warn drivers of the danger.
Causation — The hazard directly caused your crash and injuries.
Notice — For government claims, you must show they knew or should have known about the problem. This means pulling maintenance records, prior complaints, and proof of how long the hazard existed.

Strong evidence makes or breaks these cases. Gather photos, witness statements, police reports, and medical records right away. Learn how to take accident scene photos to protect your claim.

Compensation You Can Recover

Road hazard victims can seek several types of damages:

Medical costs — ER visits, surgery, rehab, therapy, and future care. Medical bills and treatment costs add up fast with serious injuries.
Lost wages — Past and future income you missed due to your injuries. Some victims face reduced earning ability for life.
Property damage — Repair or replacement costs for your vehicle and personal items.
Pain and suffering — Compensation for physical pain, emotional distress, and reduced quality of life. Learn how pain and suffering damages are calculated.
Punitive damages — In cases of extreme neglect, courts may award punitive damages up to three times your losses or $500,000. These are not allowed against government defendants.

Key South Carolina Laws for Road Hazard Claims

Several state laws shape how these cases work:

Statute of Limitations: You have three years to sue private parties. Claims against government entities have a two-year limit. Filing a verified claim within one year of the injury may extend your deadline. Talk to a lawyer soon to protect your rights. Learn more about how long you have to file.

Comparative Negligence: South Carolina follows a modified comparative negligence rule. If you are partly at fault, your award drops by your share of blame. If you are more than 50% at fault, you get nothing.

Government Claim Rules: You may file a verified claim with the government within one year of the crash. The agency then has 180 days to respond before you can file suit.

Why You Need a Lawyer for Road Hazard Claims

These cases are harder than typical car crash claims. Here is why legal help matters:

Complex investigation — You need maintenance records, inspection reports, and documents that are hard to get on your own.
Expert witnesses — Engineers and accident reconstruction pros may need to explain how the hazard caused your crash.
Government rules — Claims against cities, counties, and the state have strict notice rules and short deadlines.
Insurance tactics — Insurers fight hard in road hazard cases. A lawyer knows how to push back and present your case to a jury if needed.

How Crantford Meehan Can Help

The personal injury attorneys at Crantford Meehan bring the skills and track record these cases demand.

Both William Crantford and Jerry Meehan are graduates of Gerry Spence’s Trial Lawyers College. This training focuses on how to present complex evidence to juries and fight for each client.

Our case results speak for themselves:

$44.8 million judgment for catastrophic injuries
$2.35 million settlement for a tractor-trailer crash
Multiple six-figure results for vehicle accidents across Charleston

William Crantford holds the highest Martindale-Hubbell AV Preeminent rating for legal ability and ethics. With offices in Charleston, Summerville, and Florence, we know local roads, local courts, and the government entities that maintain them.

We handle road hazard cases on a contingency fee basis. You pay no attorney fees unless we win your case.

Frequently Asked Questions About Road Hazard Injury Claims

How long do I have to file a road hazard injury claim in South Carolina?

You have three years to sue private parties. Government claims have a two-year limit. Filing a verified claim within one year may extend your deadline. Talk to an attorney soon to meet all deadlines.

Can I sue the city of Charleston for a pothole accident?

You may be able to. These cases fall under the South Carolina Tort Claims Act. The city must have known about the pothole or let it exist long enough that they should have found it. Strict notice rules and immunity limits apply.

What evidence do I need for a road hazard injury case?

Key evidence includes:

Photos of the scene and the hazard
Witness statements and police reports
Medical records and bills
Vehicle damage estimates
Proof of the responsible party’s maintenance duties

How much compensation can I receive for road hazard injuries?

It depends on your injuries, medical costs, lost wages, and the facts of your case. Government claims are capped at $300,000 in most cases. Our firm has recovered amounts ranging from tens of thousands to millions for personal injury clients.

Do I need a lawyer for a road hazard accident claim?

Legal help is strongly advised. These cases involve complex rules, government immunity, and often need expert testimony. Insurers and government agencies have legal teams. You should too.

What if the road hazard was clearly marked with warning signs?

Warning signs do not always block your claim. Courts look at whether the warnings were adequate, the nature of the hazard, and how your crash happened. In some cases, bad or unclear warnings may actually help your case.

If you were hurt in a road hazard accident in Charleston, Summerville, Florence, or anywhere in South Carolina, do not wait. Contact our car accident attorneys at Crantford Meehan for a free case review. Call (843) 832-1120 or contact us online.