Were poor road conditions a factor in your crash? In South Carolina, you may potentially be against a local or state government. The City of Charleston (and other municipalities) can be sued for collisions caused by roadway defects. With that being said, these cases are complicated, and municipal liability is limited to certain circumstances. A Charleston car accident lawyer may be able to help you sue the city for poor road conditions in South Carolina.
Common Examples of Poor Road Conditions that Cause Accidents
The leading cause of car accidents is driver error. There are also many crashes each year in South Carolina that are caused by roadway hazards. Government liability claims often involve conditions that create foreseeable hazards for ordinary drivers, including:
- Potholes and Other Surface Failures: Deep potholes, broken asphalt, and road collapse can cause loss of control, suspension damage, or tire blowouts.
- Missing or Obscured Traffic Control Devices: Absent stop signs, faded lane markings, or obscured warning signs can lead to right-of-way violations and intersection crashes.
- Improper Drainage and Standing Water: Poor drainage can cause hydroplaning or conceal roadway defects during rain events.
- Inadequate Lighting: Poor illumination on municipal roads can prevent drivers from seeing hazards in time to react. Bad lighting can contribute to major collisions.
You Have the Right to Sue a City in South Carolina for Poor Road Conditions
State and local governments have sovereign immunity. However, the South Carolina Tort Claims Act allows people to bring a claim against government entities in certain circumstances. The law waives sovereign immunity in limited circumstances and sets the exclusive remedy for tort claims against cities and agencies. It also imposes caps on damages and sets unique procedural rules for these cases. If you are considering a claim, you need a Charleston, SC, car accident lawyer who knows how to handle government liability claims.
What You Need to Prove to Hold a City Liable
A city may be liable when its negligence in maintaining roads causes injury. To succeed, an injured victim must establish more than the existence of a defect. The case requires proof that the city owed a duty to maintain the roadway, breached that duty, and caused the crash and resulting damages. Critically, the plaintiff must show the city had actual or constructive notice of the dangerous condition and failed to correct it within a reasonable time. Do not take on the claims process alone: A top-rated Charleston car accident attorney can help.
Call Our Charleston, SC, Auto Accident Attorney Today
At Query Sautter & Uricchio, LLC, our Charleston car accident attorney is an aggressive advocate for justice. If you have any questions about suing a government entity for a crash caused by poor road conditions, please do not hesitate to contact us for a free case review. We have a law office in Charleston, and we represent car crash victims throughout all of South Carolina.