You hit a massive pothole on I-85 north of Anderson, sending your car spinning into oncoming traffic. The state had known about the dangerous road conditions for months but failed to do anything about it. Now, you've got mounting medical bills and lost pay while government officials claim they're not responsible for your injuries.
At Pracht Injury Lawyers, we understand how frustrating it can be when government negligence leads to serious accidents. Our Anderson construction zone injury lawyers have held government entities and private contractors accountable for inadequate road maintenance throughout South Carolina, helping injured victims recover the compensation they deserve.
Who Bears Responsibility When Inadequate Road Maintenance Causes Accidents?
Road maintenance responsibility in South Carolina depends on road ownership and legal designations.
The South Carolina Department of Transportation (SCDOT) maintains about two-thirds of the state's 60,000+ public road miles, including interstates, U.S. and S.C. primary routes, many secondary rural roads, and numerous streets within municipalities. Counties and municipalities maintain only roads legally designated as county or municipal roads within their respective systems.
Private contractors often perform actual maintenance work under government contracts, creating potential liability for multiple parties when accidents occur.
Government Entity Liability for Road Defects
South Carolina government entities have a legal duty to maintain roads in a reasonably safe condition for public use. However, important exceptions limit this liability. South Carolina also provides immunity for discretionary decisions by agencies or employees.
Immunity covers the absence, condition, or malfunction of signs, signals, guardrails, and other infrastructure unless they’re not corrected within a reasonable time. There's no liability for the initial failure to place such devices when that failure is a discretionary act.
Proving government liability involves demonstrating these elements:
- Notice of the hazard. The government entity knew or should have known about the dangerous condition through citizen complaints, inspection reports, or prior accidents.
- Reasonable opportunity to repair. Sufficient time passed between when the government learned of the hazard and when your accident occurred.
- Failure to act appropriately. The government failed to repair the dangerous condition or provide adequate warnings.
- Direct causation. The government's failure to maintain the road directly contributed to your accident and injuries.
Under the South Carolina Tort Claims Act, you generally sue the governmental entity, not individual employees acting in scope.
Private Contractor Accountability in Road Maintenance Cases
Independent contractors are not considered employees under the Tort Claims Act. They generally don't get sovereign-immunity protections; claims against them proceed like private tort suits.
Private contractor liability often involves:
- Inadequate construction zone safety measures. Failure to provide proper signage, barriers, flaggers, or lighting in work areas creates dangerous conditions for motorists.
- Defective repair work. Poor quality repairs that create uneven surfaces, loose gravel, or other road hazards can cause vehicles to lose control.
- Abandoned construction materials. Leaving equipment, debris, or materials on roadways creates obstacles that can cause serious accidents.
- Premature reopening of work areas. Opening roads to traffic before repairs are properly completed puts drivers at unnecessary risk.
How South Carolina's Modified Comparative Negligence Law Affects Your Case
South Carolina follows the modified comparative negligence standard. In other words, you can recover if your fault is not greater than the defendants' combined fault. This doctrine reduces your compensation based on your percentage of fault but completely bars recovery if you're found more than 50% responsible.
Insurance companies and government attorneys often argue that drivers should have seen and avoided road hazards, even when road maintenance was clearly inadequate. They might claim you were speeding, not paying attention, or failed to take evasive action.
Different Deadlines for Government vs. Private Defendants
The timeline for filing inadequate road maintenance injury claims varies depending on whether you're suing government entities or private parties.
Government Claims Under the Tort Claims Act
The Tort Claims Act generally gives you two years from the date the loss was (or should have been) discovered.
If you file a verified claim within one year, the deadline extends to three years. In that case, you must wait 180 days (or earlier denial) before suing. If you don't file a verified claim, you can still sue the government within the original two-year period. This verified claim process serves as a formal notice to the government entity, providing specific information about your accident, the entity's negligence, and the damages you're seeking.
Private Party Lawsuit Deadlines
Personal injury claims against private contractors follow South Carolina's normal statute of limitations, which provides three years from the accident date to file your lawsuit. This longer timeline gives you more flexibility in building your case.
Potential Compensation and Damage Caps
Victims can recover various damages, depending on injury severity and case strength. However, damages are capped against government entities at $300,000 per claimant and $600,000 per occurrence, and punitive damages are barred.
You may be entitled to compensation for economic damages, like medical expenses, lost income, and property damage. Non-economic damages compensate for losses like pain and suffering, loss of enjoyment of life, and emotional distress. These often represent substantial portions of road maintenance injury awards, especially in cases involving permanent disabilities.
Success requires thorough investigation and compelling evidence that demonstrates how negligent road maintenance practices directly caused your accident. Evidence collection must begin immediately after your accident, as road conditions can change quickly due to weather, additional traffic, or emergency repairs.
At Pracht Injury Lawyers, we work with accident reconstruction specialists, traffic engineers, and medical professionals to build compelling cases that hold negligent parties accountable. If inadequate road maintenance contributed to your accident, contact our office to discuss how we can help you pursue the compensation you deserve for your injuries and losses.