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

On Behalf of The Law Office of Brad C. Richardson, LLC | Jan 19, 2025

When you think of a car accident, you tend to think of liability arising with one of the drivers. Distracted driving, drunk driving, and drowsy driving are more prevalent than ever, making motorists concerned for their safety every time they get behind the wheel. But who is liable if you blow out your tire due to a pothole?

The alarming truth is that roadway defects cause thousands of injuries and deaths per year, with liability often resting with the government. If you have recently been subject to an accident caused by a roadway defect, our Conway motor vehicle accident attorney is ready to protect your interests.

Types of Roadway Defects

An accident can be caused by any of the following dangerous road conditions:

Potholes
Rutting (permanent depression in the surface of a road)
Erosions
Debris
Uneven surfaces
Improper drop off between the roadway and ground surface
Snow or ice that has not been properly removed
Missing guardrails or dividers
Roadkill

When Is the Government Liable for a Roadway Defect Accident?

It can be challenging to pinpoint liability in an accident caused by a roadway condition. Before initiating a claim, you must establish whether your local municipality or the state is responsible for maintaining the road in question. That is where a Conway motor vehicle accident lawyer can be of assistance by helping you discern which entity is responsible for which roads.

If you hit a pothole or hydroplaned due to rutting and the state is responsible for maintaining that road, these are instances in which you may be able to file a claim against the South Carolina Department of Transportation (SCDOT). You must prove that the defect itself was the primary reason for your accident.

Filing a Claim Against SCDOT

To file a claim against SCDOT, you must complete a damage claim form. The following instructions must be followed to avoid any claim processing issues:

You must complete all required fields of the application.
The owner of the vehicle listed on the vehicle registration must be listed as the Claimant.
You must include a copy of your vehicle registration with the Claim Form.
You must include two repair estimates or a paid invoice.
Your signature must be notarized
Include pictures of the damage to your vehicle and the roadway defect. If you hit a pothole, include pictures of the pothole and a description of its location so that an investigator can locate the defect. If the pothole has since been filled, do still provide photographic documentation.

Knowledgeable and Persistent Counsel from Our Conway Motor Vehicle Accident Attorney

If your vehicle has been damaged by a roadway defect, you deserve to be fairly compensated for any car repairs related to the accident. It is the responsibility of the municipality or state to maintain safe roads, and the appropriate entity should pay for any deviation from this standard.

At The Law Office of Brad C. Richardson, we are committed to protecting the rights of the residents of Conway and the surrounding areas. If you are interested in learning more or arranging a consultation, do not hesitate to contact our office online or by phone today.