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South Carolina road conditions are not always as favorable for motorists as they should be.
According to data from the South Carolina Department of Public Safety (SCDPS), there were 143,426 motor vehicle collisions reported in the state in 2022 alone. A significant number of these crashes are accidents due to poor road conditions. If you were involved in this type of crash, you must know how to protect your legal rights. Here, our Rock Hill car accident attorneys explain who can be held liable if a crash is caused by poor road conditions.
Common Causes of Accidents Due to Poor Road Conditions
Driver error is the leading cause of accidents. With that being said, many collisions happen in South Carolina that are not the fault of motorists. Indeed, poor road conditions can cause bad accidents.
Some common examples of poor road conditions that can be dangerous include:
- Potholes: Potholes are depressions or holes in the road surface. They are usually caused by the wear and tear of weather and consistent traffic. Potholes can cause drivers to lose control of their vehicles and they can contribute to a serious crash.
- Uneven Road Surfaces: Changes in the road level—especially unexpected bumps or dips—can disrupt a vehicle’s stability. It can make it difficult for a driver to maintain control of their vehicle. These irregularities may result from poor road design or construction.
- Lack of Proper Signs: Missing, obscured, or incorrect road signs are dangerous. They can prevent drivers from being adequately warned about upcoming changes in the road conditions or hazards ahead, like sharp bends or merging lanes.
- Worn Out Road Markings: Faded or non-existent road markings make it hard for drivers to discern lane boundaries, pedestrian crossings, and other traffic controls. Problems with road markings can lead to confusion.
- Debris and Obstacles: Roads cluttered with debris, such as branches, rocks, or construction materials, can force drivers to make sudden stops or swerve unexpectedly. In some cases, debris/obstacles can cause catastrophic collisions.
A Highway Maintenance Company, Government Entity, or Other Parties May Bear Liability
Who is legally responsible for a car crash caused by poor road conditions in South Carolina? As with any other type of accident, the answer depends on the specific circumstances of the case. Parties that may be liable for this type of crash include:
- Highway Maintenance Contractor: If a highway maintenance contractor fails to properly maintain a road, leading to dangerous conditions such as potholes or unclear road markings, they can be held liable for accidents caused by these oversights. Contractors must ensure that the roads are reasonably safe during and after maintenance.
- Road Design/Engineering Firm: A road design or engineering firm might be held liable if an accident is directly linked to a flaw in the road’s design or construction. Some examples include improperly graded curves and the use of poor road surface materials.
- Government Entity: Government entities can be held liable for accidents caused by poor road conditions if it is proven that they were aware of the hazardous conditions and did not act to rectify them. These are especially complex legal cases for victims.
- Business or Property Owner: Business or property owners can be liable if the poor road conditions that caused the accident are part of their property and they have neglected their duty to maintain safe conditions.
- Negligent Motorists Who Did Not Adjust: In South Carolina, motorists must adjust for road conditions. The failure to do so is negligence. A motorist fails to modify their speed or driving style in response to poor road conditions and cause an accident, they may be liable.
All motor vehicle collisions caused by poor road conditions should be thoroughly investigated by an experienced attorney. An experienced Rock Hill car accident lawyer can help you gather and prepare all of the evidence you need to prove fault, establish liability, and recover compensation.
South Carolina is a Modified Comparative Negligence State
More than one party may share fault for the same crash. In South Carolina, a modified comparative negligence standard applies. Each party to an accident can be held proportionally liable. For example, imagine you suffered $50,000 in damages in a crash. A highway construction company is held liable for 80 percent of the crash. However, you are also found to be 20 percent liable for your damages due to speeding. Under South Carolina law, you would be eligible to seek compensation for only 80 percent of your damages ($40,000).
Recovering the Maximum Compensation for a Crash Caused By Bad Road Conditions
Were you involved in a collision caused by poor road conditions in South Carolina? You have the right to seek compensation for the full value of your damages through a personal injury claim, including for your non-economic losses. Our firm helps victims seek compensatory damages for:
- Property damage;
- Ambulance transportation;
- Emergency room care;
- Hospital bills;
- Medical costs;
- Physical therapy;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Mental trauma;
- Long-term disability;
- Scarring or disfigurement;
- Reduced quality of life; and
- Wrongful death.
Why Trust Our Rock Hill Car Accident Lawyers for a Poor Road Condition Crash
A car crash caused by poor road conditions can be especially challenging. At Schiller & Hamilton, we are a personal injury law firm that provides personalized legal advocacy to injured victims.
Schedule a Free Consultation With an Experienced Rock Hill Car Accident Lawyer Today
At Schiller & Hamilton, our Rock Hill car accident attorneys are standing by, ready to protect your rights and your interests. If you have any specific questions or concerns about a poor road condition crash, please do not hesitate to contact us today for your free, no-obligation initial case assessment.