Every South Carolinian knows many of our local roadways suffer from neglect and poor maintenance. While we’ve all driven around a pothole or two, for bicyclists or pedestrians, a road defect can go from annoying to an actual safety threat, and someone needs to be held responsible. If your crash was caused by an unsafe roadway and not operator error, a South Carolina road defect accident lawyer can help. A lawyer can advocate for the compensation you’re owed by investigating who controlled the road, how long the hazard existed, whether earlier complaints were made, and whether reasonable repairs or warnings were provided.
Road defects endanger motorcyclists, bicyclists, and even pedestrians. Depending on the location and circumstances, the responsible party may be a state or local agency, a road contractor, a utility company, another entity, or some combination of those parties. Because the applicable procedures and deadlines can depend on who maintained the roadway, obtaining an early legal review can be important for injured victims to protect evidence early on and understand their legal options in a premises liability claim.
For bicyclists in particular, defects that may have little effect on a motor vehicle can cause a devastating crash. A pothole, abrupt pavement change, damaged shoulder, loose gravel, or other unsafe surface can cause a cyclist to lose control or be thrown from their bike. In one case handled by Joye Law Firm Injury lawyers, a client was thrown from her bicycle after hitting a pothole. The impact caused massive internal bleeding and injuries so severe that approximately 80% of her small intestine had to be removed. Cases like this demonstrate how a seemingly ordinary road defect can have life-changing consequences.
If you’re facing serious injuries due to road defects, you might feel outgunned and unmatched against a government entity, big business, or their insurance company. Let our South Carolina premises liability lawyers at Joye Law Firm Injury Lawyers level the playing field for you. We can identify who maintained the road, preserve evidence, and explain your legal options during a free consultation.
Who Is Liable for a Road Defect Accident
Who is liable for a road hazard accident depends on who controlled the location, who had the duty to maintain it, and how the dangerous road condition developed. The name on a road sign or the city in the mailing address may not answer that question. Maintenance agreements, route records, permits, and contracts can help identify the responsible party. Some of the common entities include:
- SCDOT: The South Carolina Department of Transportation may be responsible for a state-maintained highway or another road in the state system.
- A city: A municipality may maintain a city street, traffic signal, marking, or other public way.
- A county: A county may control a road in an unincorporated area or have a maintenance agreement for a particular location.
- A contractor: A private contractor may share responsibility if its construction, repair work, equipment, or road debris created the hazard.
- A neighborhood HOA: A homeowners’ association may be responsible for maintaining private roads, sidewalks, signs, lighting, or other common areas within a community.
- A business: A business or property owner, such as a shopping center, may be responsible for hazards on privately owned roads, parking lots, sidewalks, or entrances.
More than one party may be involved. Identifying the correct at-fault party early matters because a claim sent to the wrong office may not protect your rights.
Common Road Defects That Cause Accidents
In dangerous road conditions accidents, people can still be hurt even when no motor vehicles are involved. Common hazards include:
- Potholes and broken pavement: A bicycle wheel can drop into a hole or catch a sharp pavement edge, throwing the rider forward and causing traumatic brain injuries, fractures, spinal cord injuries, internal injuries, or severe road rash.
- Uneven or Dangerous Road Surfaces: Abrupt changes in pavement height, sunken areas, raised sections, poorly maintained shoulders, and other surface irregularities can create dangerous conditions for bicyclists. Even relatively small defects can destabilize a cyclist traveling at speed.
- Poor Drainage and Standing Water: Inadequate drainage can allow water to collect on a roadway, bicycle path, parking lot, or other riding surface. Standing water may conceal potholes and other defects while creating slippery conditions that increase the risk of a crash.
- Faded markings: Worn out lane lines, bicycle-lane markings, and crosswalks can make the intended path hard to see.
- Unsafe construction zones: Open cuts, uneven temporary surfaces, and missing warnings may put a contractor, a government entity, or both under scrutiny.
Uncleared debris: Gravel, loose materials, branches, or construction waste can cause a rider to lose traction or swerve.