When you’re driving through Charleston, South Carolina, the last thing you expect is to be injured by a dangerous road condition. Unfortunately, road hazards like potholes, construction debris, inadequate signage, and poorly maintained surfaces cause numerous accidents each year across the Lowcountry. If you’ve been injured due to a road hazard in Charleston, understanding your legal rights and options for compensation is important.
Road hazard accidents can result in serious injuries and significant financial losses. From vehicle damage to medical expenses and lost wages, the costs can quickly overwhelm accident victims and their families. The Charleston personal injury attorneys at Crantford Meehan have helped Charleston residents recover millions of dollars in compensation for road hazard injuries. Additionally, our firm secured a recent $400,000 settlement for a North Charleston pedestrian accident and multiple six-figure settlements for vehicle accidents caused by dangerous road conditions.
Common Types of Road Hazards in Charleston That Cause Accidents
Charleston’s unique geography and climate create road hazard challenges that drivers face daily. The combination of coastal weather, heavy traffic, and aging infrastructure contributes to various dangerous conditions throughout the Charleston metropolitan area.
Potholes and Road Surface Defects
Charleston’s roads endure significant stress from heavy traffic, seasonal weather changes, and the natural settling that occurs in coastal areas. Potholes can cause drivers to lose control of their vehicles, leading to single-vehicle accidents or collisions with other motorists. Furthermore, large potholes can damage tires, wheels, and suspension systems. They also cause drivers to swerve unexpectedly into other lanes.
Construction Zone Hazards
With ongoing development and infrastructure improvements throughout Charleston County, construction zones present numerous hazards to motorists. Inadequate warning signs, missing barriers, debris in travel lanes, and poorly marked lane changes can all contribute to serious accidents. Additionally, construction zones on major thoroughfares like I-26, Highway 17, and Folly Road require extra caution from drivers.
Debris and Foreign Objects
Road debris from construction sites, fallen tree branches after storms, and items that have fallen from other vehicles create unexpected hazards. Charleston’s frequent severe weather can deposit debris across roadways. Meanwhile, construction activities may leave materials in travel lanes that can cause rear-end collisions when drivers brake suddenly.
Inadequate Signage and Road Markings
Faded lane markings, missing or damaged traffic signs, and inadequate warning signs for hazardous conditions can contribute to accidents. This is particularly problematic on Charleston’s older roads and in areas undergoing development or repair. Poor signage can lead to distracted driving as motorists struggle to navigate unclear road conditions.
Drainage and Water Hazards
Charleston’s low elevation and frequent rainfall can create standing water, flooding, and drainage issues that make roads dangerous. Poor drainage design can lead to hydroplaning conditions and reduced visibility during storms. These conditions often result in multi-vehicle collisions during Charleston’s frequent thunderstorms.
Who Is Liable for Road Hazard Injuries in South Carolina?
Determining liability in road hazard injury cases requires careful analysis of who was responsible for maintaining the roadway where your accident occurred. In South Carolina, different entities may be liable depending on the circumstances and location of the hazard.
Government Entity Responsibility
State Government Liability
The South Carolina Department of Transportation (SCDOT) maintains interstate highways, major state routes, and bridges. When road hazards on these roadways cause accidents, the state may be liable under the South Carolina Tort Claims Act. However, government entities have certain protections and procedural requirements that must be followed when filing claims. Additionally, damage caps of $300,000 apply in most cases.
Local Government Liability
Charleston County, the City of Charleston, and other municipalities maintain local roads, streets, and related infrastructure. These entities can be held liable for accidents caused by dangerous conditions they knew about or should have known about through reasonable inspection and maintenance procedures. However, government entities retain significant immunity protections for road hazard claims. This is particularly true for improperly maintained roads and missing or malfunctioning road signs.
Notice Requirements
South Carolina law requires that government entities have actual or constructive notice of dangerous conditions before liability can be established. This means either the entity knew about the hazard or the condition existed long enough that they should have discovered it through proper maintenance and inspection. Understanding these legal requirements is important for building a successful case.
Contractor and Third-Party Liability
Construction companies, utility companies, and other contractors working on or near roadways may be liable for accidents caused by their activities. This includes liability for debris, inadequate warning signs, or dangerous conditions created during their work. These cases often involve complex premises liability issues.
Types of Injuries Caused by Road Hazard Accidents
Road hazard accidents can cause a wide range of injuries, from minor property damage to catastrophic personal injuries. The attorneys at Crantford Meehan have represented clients who suffered various types of injuries in road hazard accidents throughout the Charleston area.
Vehicle Control Loss Injuries
When drivers encounter unexpected road hazards, they may lose control of their vehicles. This leads to rollovers, collisions with fixed objects, or multi-vehicle accidents. These accidents often result in traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries. Severe crashes may also cause paralysis that requires lifelong care.
Motorcycle and Bicycle Accidents
Road hazards pose particular dangers to motorcyclists and cyclists, who have less protection than occupants of passenger vehicles. Potholes, debris, and uneven surfaces can cause motorcyclists and cyclists to lose control. This results in serious injuries including road rash, fractures, head injuries, and spinal injuries. Motorcycle accidents involving road hazards often result in more severe injuries than car accidents.
Pedestrian Injuries
Pedestrians can be injured by road hazards in several ways. This includes tripping and falling due to uneven surfaces, being struck by vehicles that lose control due to road hazards, or being injured by debris. Charleston’s growing pedestrian infrastructure requires proper maintenance to prevent these accidents.
Secondary Collision Injuries
Road hazards often cause chain-reaction accidents when one vehicle’s encounter with a hazard leads to collisions with other vehicles. These secondary collisions can result in severe injuries. This is particularly true in high-traffic areas like I-26 or during rush hour on Charleston’s major thoroughfares. Truck accidents involving road hazards can be especially devastating due to the size and weight of commercial vehicles.
Proving Negligence in Charleston Road Hazard Cases
Successfully recovering compensation in a road hazard injury case requires proving that the responsible party was negligent in maintaining safe road conditions. This involves establishing several key elements under South Carolina law.
Duty of Care
Government entities and contractors have a legal duty to maintain roads in a reasonably safe condition for public use. This includes regular inspection, prompt repair of known hazards, and adequate warning of dangerous conditions that cannot be immediately corrected. Proving fault requires demonstrating this duty existed.
Breach of Duty
You must demonstrate that the responsible party breached their duty by failing to maintain the road properly. Additionally, you must show they failed to warn of known hazards or created dangerous conditions through their actions or negligence.
Causation
The road hazard must be the direct cause of your accident and injuries. This requires showing that the hazard was a substantial factor in causing your accident. Furthermore, your injuries would not have occurred without the dangerous condition.
Notice and Knowledge
In cases involving government entities, you must prove that the entity had actual or constructive notice of the dangerous condition. This may involve investigating maintenance records, prior complaints, and the length of time the hazard existed.
Documentation and Evidence
Successful road hazard cases require thorough documentation of the scene, the hazard, your injuries, and the responsible party’s maintenance obligations. This includes photographs, witness statements, accident reports, medical records, and expert testimony when necessary. Learning how to take accident scene photos can be important for preserving evidence.
Compensation Available for Road Hazard Injury Victims
Road hazard accident victims in Charleston may be entitled to various types of compensation depending on the severity of their injuries and the circumstances of their accident. The attorneys at Crantford Meehan have recovered significant compensation for clients injured in road hazard accidents throughout South Carolina.
Medical Expenses
Compensation for all medical treatment related to your road hazard injuries includes emergency room visits, hospital stays, surgery, rehabilitation, physical therapy, and ongoing medical care. This includes both current medical expenses and future medical costs for long-term treatment and care. Treatment costs can be substantial for serious injuries.
Lost Wages and Income
If your injuries prevent you from working, you may recover compensation for lost wages, salary, and other employment benefits. This includes both past lost income and future earning capacity if your injuries result in permanent disability or reduced ability to work. Some injuries may cause reduced earning capability that affects your lifetime income potential.
Property Damage
Road hazard accidents often cause significant vehicle damage. You may recover the cost of repairing or replacing your vehicle, as well as other damaged personal property.
Pain and Suffering
Non-economic damages for the physical pain, emotional distress, and reduced quality of life caused by your injuries. This compensation recognizes the impact your injuries have had on your daily life and overall well-being. Understanding how pain and suffering damages are calculated can help you understand your potential recovery.
Punitive Damages
In cases involving particularly egregious conduct or willful neglect, South Carolina law may allow for punitive damages designed to punish the responsible party and deter similar conduct in the future. Punitive damages are capped at the greater of three times compensatory damages or $500,000. However, punitive damages are not available against government entities.
South Carolina Laws Affecting Road Hazard Claims
Understanding the legal requirements and limitations that apply to road hazard injury claims in South Carolina is important for protecting your rights and maximizing your recovery.
South Carolina Tort Claims Act
When government entities are involved, the South Carolina Tort Claims Act governs liability and establishes procedures for filing claims. This law includes notice requirements, damage caps of $300,000 in most cases ($300,000 per person/$600,000 per occurrence for wrongful death), and other provisions that affect government liability cases. Government entities retain immunity protections for road hazard claims. Additionally, punitive damages are not available against government defendants.
Statute of Limitations
Road hazard injury claims in South Carolina must generally be filed within three years of the date of the accident for claims against private defendants. However, Claims against government entities in South Carolina generally have a two-year statute of limitations from the date of injury. If a verified claim is filed with the government agency within one year of the incident, and that claim is denied, the claimant then has one year from the date of denial to file a lawsuit, provided the total time does not exceed three years from the injury. Understanding how long you have to file a personal injury lawsuit is important for protecting your rights.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. This means your compensation may be reduced if you are found partially at fault for the accident. If you are more than 50% at fault, you cannot recover any compensation.
Government Immunity Limitations
While government entities can be held liable for dangerous road conditions under certain circumstances, they retain significant immunities and protections under state law. Government entities are protected from damages for improperly maintained roads and streets. Additionally, no recovery is available for missing or malfunctioning road signs.
Notice Requirements for Government Claims
Individuals may file a verified claim with the government entity within one year of the accident to preserve an extended deadline for filing suit. After submitting a verified claim, the government entity has 180 days to accept or reject the claim before a lawsuit may proceed. Formal notice is not always required unless the claimant seeks the extended time to file.
Why You Need a Charleston Personal Injury Attorney
Road hazard injury cases involve complex legal issues, multiple potential defendants, and procedural requirements that make legal representation important for protecting your rights and maximizing your recovery.
Investigation and Evidence Gathering
Successful road hazard cases require thorough investigation of the accident scene, the responsible party’s maintenance obligations, and the history of the dangerous condition. This includes obtaining maintenance records, inspection reports, and other documentation that may not be readily available to accident victims. Professional evidence gathering is important for building a strong case.
Expert Testimony and Analysis
Road hazard cases often require expert testimony from engineers, accident reconstruction professionals, and other experts who can analyze the dangerous condition. They can explain how it caused your accident and injuries.
Government Liability Knowledge
Cases involving government entities require knowledge of the South Carolina Tort Claims Act, notice requirements, and the unique procedural and substantive issues that arise in government liability cases.
Insurance Company Negotiations
Insurance companies often dispute liability and damages in road hazard cases. This requires negotiation skills and knowledge of how to present your case effectively to achieve fair compensation. Understanding how to deal with insurance companies can help protect your interests.
Trial Experience
If your case cannot be resolved through negotiation, you need attorneys with proven trial experience. They can effectively present your case to a jury and fight for the compensation you deserve.
How Crantford Meehan Can Help Your Road Hazard Injury Case
The personal injury attorneys at Crantford Meehan bring experience, proven results, and dedicated advocacy to every road hazard injury case. Our firm has recovered millions of dollars for Charleston area residents injured in accidents caused by dangerous road conditions.
Trial Lawyers College Training
Both William Crantford and Jerry Meehan are graduates of Gerry Spence’s Trial Lawyers College. This provides them with advanced trial advocacy skills and techniques that benefit every client. This intensive training program focuses on individual client advocacy and effective jury representation.
Proven Track Record
Our firm has achieved significant results for personal injury clients. This includes a $44.8 million judgment for catastrophic injuries, a $2.35 million settlement for a tractor-trailer accident, and multiple six-figure settlements for vehicle accidents throughout the Charleston area. Our case results demonstrate our commitment to maximizing client recovery.
AV-Rated Attorney
William Crantford holds the highest Martindale-Hubbell AV Preeminent rating. This reflects peer recognition for legal ability and ethical standards. This rating demonstrates our commitment to excellence and professional integrity in every case we handle.
Local Knowledge and Experience
With offices in Charleston, Summerville, and Florence, our attorneys have knowledge of local road conditions, government entities, and the unique challenges facing Charleston area residents. We understand the hazards and maintenance issues that affect our community.
Comprehensive Case Management
From initial investigation through final resolution, we handle every aspect of your road hazard injury case. This includes gathering evidence, consulting with experts, negotiating with insurance companies, and providing aggressive representation in court when necessary.
Contingency Fee Representation
We handle road hazard injury cases on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for your injuries. This approach helps financial concerns don’t prevent you from getting the legal representation you need.
Frequently Asked Questions About Road Hazard Injury Claims
How long do I have to file a road hazard injury claim in South Carolina?
Generally, you have three years from the date of your accident to file a personal injury lawsuit in South Carolina against private defendants. However, claims against government entities have a two-year statute of limitations and require filing a formal verified claim within one year of the injury. It’s important to consult with an attorney as soon as possible after your accident to meet all deadlines.
Can I sue the city of Charleston for a pothole accident?
You may be able to sue the City of Charleston or other government entities for accidents caused by potholes or other road hazards. However, these cases are subject to the South Carolina Tort Claims Act and procedural requirements. The government entity must have had actual or constructive notice of the dangerous condition. Additionally, you must follow notice procedures and time limits. However, government entities retain significant immunity protections for road hazard claims.
What evidence do I need for a road hazard injury case?
Important evidence includes photographs of the accident scene and the road hazard, witness statements, police reports, medical records documenting your injuries, vehicle damage estimates, and documentation of the responsible party’s maintenance obligations. It’s also important to preserve evidence of your damages. This includes medical bills, lost wage documentation, and records of other expenses related to your accident.
How much compensation can I receive for road hazard injuries?
The amount of compensation depends on various factors. This includes the severity of your injuries, the extent of your medical expenses, lost wages, property damage, and the degree of negligence involved. Claims against government entities are subject to damage caps of $300,000 in most cases. Our firm has recovered settlements and judgments ranging from tens of thousands to millions of dollars for personal injury clients, depending on the circumstances of each case.
Do I need a lawyer for a road hazard accident claim?
While not legally required, having legal representation is highly recommended for road hazard injury cases. These cases involve complex legal issues, procedural requirements, and often require investigation and expert testimony. Insurance companies and government entities typically have legal teams defending these cases. This makes it important to have knowledgeable advocacy on your side.
What if the road hazard was clearly marked with warning signs?
The presence of warning signs doesn’t automatically prevent recovery, but it may affect your case. The adequacy of the warnings, the nature of the hazard, and the circumstances of your accident will all be considered. In some cases, inadequate or insufficient warnings may actually support your claim. In others, clearly visible and adequate warnings may reduce the responsible party’s liability.
If you’ve been injured in a road hazard accident in Charleston, Summerville, Florence, or anywhere in South Carolina, don’t wait to protect your rights. Contact the personal injury attorneys at Crantford Meehan today for a free consultation. We’ll evaluate your case, explain your legal options, and fight to get you the compensation you deserve.
Call (843) 832-1120 or contact us online to schedule your free consultation.
