Who is Liable if a Roadway Defect Causes My Car Accident?

In car accident cases, fault typically lies with one of the drivers. Between impaired driving, distracted driving, and speeding, insurance companies pay out billions of dollars each year. However, roadway defects also result in billions of dollars paid out in claims annually, though not through private insurers. Depending on the circumstances of a roadway-defect-caused crash, liability may lie with the Department of Transportation, the county or city government, or a private contractor. If you recently experienced an accident caused by a roadway defect, our Myrtle Beach motor vehicle accident attorney is ready to protect your interests.

Types of Roadway Defects

Roadway defects can entail several issues, some of which include:

• Potholes
• Uneven surfaces
• Inadequate signage
• Debris left over from a construction company
• Snow or ice that has not been properly removed
• Missing guardrails
• Roadkill

Liability in Accidents Caused by Roadway Defects

Liability in a roadway defect can lie with any of the following:

South Carolina Department of Transportation (SCDOT)

Most state highways, interstates, and numbered routes fall under the jurisdiction of SCDOT. In many cases, where a pothole, poor signage, a faulty guardrail, or debris (such as sharp metal scraps) was left behind after roadwork, you can file a claim against SCDOT. However, you must prove that the defect was the primary cause of your accident.

County or Municipal Government

Generally, local roads are maintained by the county or city where they are located. In Myrtle Beach, SC, liability may lie with Horry County or directly with the City of Myrtle Beach, depending on who manages the road. Again, this involves proving that the roadway defect was the primary cause of your accident.

Private Contractors

A private construction company that fails to adequately perform a repair, post a warning sign, or mark a hazard could be held liable for damage to your vehicle or if you suffer injuries. Oftentimes, the contractor shares partial responsibility with the government entity that hired them.

The South Carolina Tort Claims Act

If you are suing a government entity in South Carolina, you will need to file a claim under the South Carolina Tort Claims Act (SCTCA). This is a challenging process since the government enjoys certain immunities. For example, the government keeps its immunity if there is no evidence that it had actual or constructive knowledge of the hazard that caused your crash. Unlike suing a private party, a $600,000 total damage cap will apply per occurrence. Under SCTCA, punitive damages are not permitted.

South Carolina gives you two years to file a lawsuit against a government entity, but filing a verified claim with the responsible agency within one year can extend that deadline to three years. However, if you miss the one-year window, then you’re locked into the two-year deadline. If you are interested in pursuing a claim or suit against a government entity, you need to speak with The Law Office of Brad C. Richardson, LLC.

Myrtle Beach Motor Vehicle Accident Attorney Providing Aggressive Representation

If you experience vehicle damage or injuries as a result of a roadway defect, you may be entitled to compensation. Legal and financial responsibility for these types of accidents may lie with SCDOT, a government entity, or a private contractor. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach motor vehicle accident lawyer is dedicated to helping you obtain maximum damages following any type of accident. To schedule your consultation, you can reach our office online or by calling (843) 488-4321 today.