South Carolina Unsafe Road Conditions Accident Lawyer

Anyone who has ever driven through the State of South Carolina knows that our road conditions are among the roughest in the nation. The hot summers followed by the wet and sometimes icy winters mean potholes and surface cracks are a constant danger. Long stretches of highways through the state lie littered with blown-out tires and separated treads, many resulting in serious motor vehicle accidents. Poorly designed or maintained roads and ditches often lead to standing water which causes drivers to hydroplane.Shoulders are dangerous for another reason too. Drivers who ignore the South Carolina move over law put stranded drivers, tow operators and first responders at risk.

In addition to unsafe road surfaces, our state also has a mix of geography that includes winding roads and steep ascents and descents in our hilly regions. Steep curves often catch drivers unaware, leading to rollover accidents or sudden swerves into oncoming traffic.

What Does South Carolina Law Say When the Road Caused Your Crash?

Public roads in South Carolina belong to a government agency. That might be SCDOT, a county or a city. So a claim about a bad road is usually a claim against the government. A different law covers it. It’s called the South Carolina Tort Claims Act.

Can you bring that claim at all? Often, yes. But not always. The Act lists the cases where an agency is not liable. One of them covers road defects. Under S.C. Code Section 15-78-60(15), an agency isn’t liable for a defect caused by someone else “unless the defect or condition is not corrected by the particular governmental entity responsible for the maintenance within a reasonable time after actual or constructive notice.”

What does that mean in plain words? The question is usually whether the agency knew about the problem, or should have known, and didn’t fix it in time. Complaints, earlier wrecks at the same spot and how long the hole was there can all matter.

The timing is different too. A claim against a government agency runs on its own claim and filing deadlines under this Act (Sections 15-78-80 and 15-78-110). They are separate from an ordinary claim against another driver, and they are shorter. Talk to a lawyer about the dates in your own case. Don’t guess at them.

Is the Other Driver Still at Fault If the Road Was Bad?

Maybe. A bad road doesn’t erase what a driver did. Fault can be shared. It can land on a driver who was going too fast for the conditions. It can land on a contractor who was working on the road. It can land on the agency that was supposed to maintain it. Sometimes it’s more than one of them.

Expect the insurance company to point at you. “You were going too fast for the rain.” “You should have seen the pothole.” That’s a common first move. It’s one reason to get your own record of what happened before you talk to them.

If a driver was part of the crash and had no insurance, that’s its own problem. We explain it here: what happens if you’re hit by an uninsured driver in South Carolina.

What to Do After a Crash Caused by a Pothole or Road Defect

1. Photograph the hazard before it gets patched. Put something next to it for scale, like a shoe or a water bottle.
2. Write down the exact spot. The road, the mile marker, the nearest crossroad.
3. Report the crash. If anyone was hurt, South Carolina law requires the driver to notify the police “immediately by the quickest means of communication” (S.C. Code Section 56-5-1260). Then get a copy of the police report.
4. Get medical care, and keep every record.
5. Don’t give the insurance company a recorded statement until you’ve talked to a lawyer.

Why the hurry? Road defects get repaired. Once the hole is filled, the best evidence is gone.

How We Help

If you were injured or lost a family member in a car crash in South Carolina, it may be appropriate to consider whether unsafe road conditions or design may have contributed to the cause. Call a lawyer on the personal injury team at Wilson Law Group, LLC in Bamberg, right away.

We are a team of experienced attorneys who have earned a reputation for our aggressive, effective legal representation in motor vehicle accident cases. We charge nothing to review the circumstances of your case and give you an honest evaluation of whether you have a legitimate claim against the party or parties responsible for road design and construction and surface maintenance.

We have litigated cases holding SCDOT and others liable for dangerous conditions such as dangerous roadways, water on roadways causing hydroplaning accidents, downed trees on roadways, dangerous shoulders, and others.

Unsafe Road Crashes: Common Questions

Can you sue the state for a pothole in South Carolina?

Sometimes. The South Carolina Tort Claims Act allows some claims against government agencies. For road defects, the case usually turns on whether the agency knew, or should have known, about the problem and didn’t fix it in a reasonable time. The deadlines are shorter than a regular crash claim.

Who is responsible for fixing a road in South Carolina?

It depends on whose road it is. SCDOT maintains the state highway system (S.C. Code Section 57-5-10). Counties and cities have their own road systems, and roads can move between the state and local systems. Finding out who owned the road is one of the first things a lawyer checks.

Is the other driver still at fault if the road was bad?

They can be. Fault can be shared among a driver, a road contractor and the agency that maintains the road. See “Is the Other Driver Still at Fault If the Road Was Bad?” above.

Do I have to report a crash in South Carolina?

If anyone was hurt or killed, yes. S.C. Code Section 56-5-1260 requires the driver to notify the local police, the county sheriff or the Highway Patrol right away.

Call Us · No Attorneys’ Fees Unless You Recover Financial Damages

Call Wilson Law Group, LLC at 803-245-7799, or send us a message. The consultation is free, with no obligation. Don’t wait on it. The deadline to file may look far off, but road defects get repaired and the evidence goes with them. Witness statements need to be taken and every insurance policy that might apply found early. Call right away.

This page is general information about South Carolina law. It is not legal advice.