COVID-19 UPDATE

At Axelrod & Associates, we face adversity daily when fighting for our clients. We want to assure our clients that during this time of adversity throughout our country, we will continue to fight for our clients and provide quality legal representation that defines Axelrod & Associates, P.A.

Please view our COVID-19 statement to learn more about the steps we are taking to continue to provide legal representation for our clients while putting health and safety first.

Over 125 years Combined Legal Experience

GOT AXELROD?

Over 125 years Combined Legal Experience

GOT AXELROD?

Who Do I Sue for a Hazardous Road Condition in SC?

| May 23, 2018 | Motor Vehicle Accidents, Personal Injury

South Carolina had the highest traffic fatality rate in the nation in 2016.

Although most of these accidents are because of driver error or negligence like speeding, drunk driving, or following too close, many Myrtle Beach car crashes are also caused by hazardous road conditions.

A contributing factor that rarely gets mentioned in police reports is the embarrassing and dangerous condition of the state’s roads. If you’ve ever driven in South Carolina, you know what I mean – longtime potholes, narrow shoulders, inadequate drainage, poorly designed curves, trees that grow too close to the road, and asphalt that is cracked and crumbling.

The SC Department of Transportation says the state spends less than half ($415 million) what it needs to spend ($900 million) on pavement. Transportation Secretary Christy Hall recently told lawmakers that this lack of adequate spending has resulted in many roads deteriorating beyond repair – they will have to be completely rebuilt, which will cost even more money.

What Hazardous Conditions Can Cause Auto Accidents?

Common hazardous conditions that cause car crashes in SC include:

  • Potholes;
  • Grooved pavement;
  • Uneven pavement;
  • Poor maintenance, improper signage, obstructions, and other safety issues in parking garages;
  • Failure to warn of hazardous conditions with signs;
  • Objects in the roadway; and
  • Debris and traffic flow problems around construction sites.

A Hazardous Road Condition Caused My Accident – Who Do I Sue?

If you are injured because of a hazardous condition on the road, contact your SC personal injury attorney at Axelrod and Associates immediately. There may be more than one party that is liable for your accident – we will investigate the crash and help you to determine who is liable.

Liability for the hazardous conditions may lie with:

  • Government agencies;
  • Individuals,
  • Private businesses;
  • Construction companies;
  • Hotel owners;
  • Contractors or subcontractors;
  • Third parties performing work for businesses; or
  • Companies contracting with government agencies to perform road work.

Once we determine who is responsible for the conditions that led to your accident, we can file suit against all the responsible parties in the same lawsuit.

Can I Sue the Government for Dangerous Road Conditions?

If the responsible party is a government or government agency – whether city, county, state, or federal – we can also name them in your lawsuit, but there are special filing considerations when the defendant is a government agency or government employee.

Government agencies must be sued under the South Carolina Tort Claims Act (SCTCA), and individual government employees must be sued in what is called a “1983 action.” Each type of lawsuit has benefits and limitations, and your personal injury lawyer at Axelrod and Associates will help you to determine who to sue and what type of lawsuit to file depending on the facts of your case.

Can I Sue the Other Driver if There is a Hazardous Road Condition?

Drivers are responsible for using due care on the road, especially if there is a hazardous road condition. If another driver’s negligence caused you to crash, even if there is also a hazardous road condition, you may be able to sue the at-fault driver as well as the agency or companies responsible for the hazardous road condition.

Got Axelrod?

The Myrtle Beach auto accident attorneys at Axelrod and Associates will help you to recover maximum compensation from the responsible parties whenever possible if you are in a car wreck caused by someone else’s negligence – whether it is the other driver, a private corporation, a government agency, or all of the above.

Call now at (843) 916-9300 or contact us through our website to set up a free initial consultation to discuss your case.

FindLaw Network