What if the Accident Was Caused by Road Conditions?
While most car accidents are the result of another driver’s mistake, not all are. Sometimes, poor road conditions are to blame. Hazards such as potholes, crumbling pavement, missing guardrails, icy patches, or inadequate signage can create hazardous situations for even the most cautious drivers.
Understanding liability in these cases can help you determine the best course of action to take after a crash. You may be able to sue the government, but the process is not straightforward. If you got in an accident or sustained damage to your vehicle due to poor road conditions, you will want to understand the next steps. Here is what you need to know.
Understanding the South Carolina Tort Claims Act
The South Carolina Tort Claims Act (S.C. Code Title 15, Chapter 78) is the law that allows private individuals to sue the state, local governments, or agencies in South Carolina for certain torts (negligence) that result in damage or injury.
Under this act, government entities are liable “in the same manner and to the same extent as a private individual under like circumstances,” subject to specific limitations and exceptions. This act is the exclusive remedy for torts committed by government employees in the scope of their official duties. This means you generally sue the government entity, not the individual employee.
To preserve your right to sue, South Carolina has strict procedural steps you must follow. The statute of limitations is generally two years from the date you are injured when suing a government entity. However, if you file a verified claim with the appropriate government entity within one year of the injury, the limitations period may be extended to three years.
Because of the limitations on government liability, there are caps on damages:
- $300,000 per person for a single occurrence
- $600,000 total for a single occurrence, even if there are multiple claimants or multiple government entities involved
Steps You Can Take
- Document everything. After an accident, you will want to take detailed notes on what happened. Be sure to jot down the date, time, exact location, extent of the damage, and what condition caused the hazard. Be sure to take photos and videos of the damage as well.
- Take advantage of your resources. The South Carolina Department of Transportation allows the public to see who owns a road and what entity is responsible for maintaining it. You can also report a road issue or vehicle damage. You can file a damage claim online with the South Carolina Department of Transportation. More information can be found here.
- Seek legal help. Suing the government is not an easy process. There are certain procedures and time limits to consider. A skilled car accident lawyer can effectively guide you through the process.
Contact Us Today
Car accidents can happen in various ways, but when poor road conditions play a role, you need to take swift action and understand the special processes for holding the government accountable.
Contact the Charleston car accident lawyers from Wyndham Law Firm, LLC, for help with your unique claim. We can assist you in understanding the processes and exploring your options for recovering compensation. To schedule a consultation, contact us via (843) 279-5312 or online here.