The Role of Highway Defects in Auto Crash Lawsuits
Car accidents may result from other drivers’ negligence or from highway defects. When defects are to blame, the municipality may be liable. A seasoned Charleston highway defect attorney at The Law Office of Mark C. Tanenbaum, P.A. can help.
Highway Defects
Highway defects are issues with any part of a highway that fail to meet the standards for safe roads in South Carolina. Such defects can result from dangerous design, inadequate maintenance, harsh weather, excessive wear, or improper construction practices. Most forms of highway defect are classified in basic categories like the following:
- Potholes, which are the most common form of highway defect, can do serious damage
- Alligator cracking
- Surface deformations, including rutting, shoving, and raveling
- Inadequate drainage increases the risk of hydroplaning
- Inadequate signage or road markings
- Structural failures, such as damaged bridge components and sinkholes
- Dangerous debris on the roadway
- Inadequate guardrails
- Damaged road edges
- Shoulder drop-offs, inadequate shoulders, and uneven lanes – all of which can cause rollover accidents
- Poorly implemented construction sites
- Inadequate lighting
- Overgrown vegetation that obscures important signage
- Hazardous intersections
Any one of these can cause serious accidents that result in significant legal damages.
The Steps Involved on the Path Forward toward Compensation
If a highway defect injured you, file your claim with the South Carolina Department of Transportation (SCDOT) for state highways. You must notify them within one year of your accident.
The State’s Negligence
To pursue a successful highway defect claim, you must prove the state’s negligence. South Carolina does not require perfect highway conditions, but it must maintain roads that are reasonably safe throughout the state.
Requirements for Bringing a Successful Claim
The requirements for bringing a successful highway defect claim include proving that the government had constructive knowledge of the risk factor in question. This means that they knew about the risk. Alternatively, proving that they reasonably should have known about it also suffices. Additionally, the government must have been afforded adequate time to remedy the issue, but ultimately failed to do so.
If you meet these requirements, you can make a strong claim. Working with a skilled car accident lawyer can help.
Reach out to an Experienced Charleston Highway Defect Lawyer Today
Our formidable Charleston highway defect attorneys at The Law Office of Mark C. Tanenbaum, P.A., are dedicated to fiercely advocating for optimal claim outcomes for valued clients like you. Learn more about everything we can do to help by contacting us online or calling us at 843-577-5100 today.