South Carolina may have escaped Consumer Reports’ Worst Roads in America top 10, settling at a grim 27th place, but even as a “middle-of-the-pack” state, its roads remain notoriously hazardous. Driving in South Carolina can feel like navigating an obstacle course, endangering the safety of drivers, passengers, and pedestrians alike while significantly increasing the likelihood of expensive vehicle damage.
Some of the most common culprits include:
• Crippling potholes and uneven pavement
• Faulty road designs that defy logic
• Scattered debris and missing guardrails
• Dimly lit stretches with poor lighting
• Treacherous weather-related hazards like snow, ice, or flooding
• Faded road markings and confusing or missing signage
• Dramatic shoulder drop-offs and poorly planned entry or exit ramps
• Chaos in poorly organized construction zones
• Hidden signage blocked by obstacles
There are important differences in car accident cases when the government’s at-fault.
If you were injured or your vehicle was damaged in an accident caused by a poorly maintained road in South Carolina, you may be eligible for compensation. This can cover expenses such as vehicle repairs, past and future medical bills, pain and suffering, emotional distress, lost wages, and other related losses.
At one time, the State of South Carolina and its cities and towns could not be sued by individuals. This protection was called sovereign immunity, and it prevented lawsuits against the government for injuries resulting from its negligence.
This ended in 1986 with passage of the South Carolina Tort Claims Act (SC Code § 15-78-10 et al seq.), which allows individuals to sue the state, counties, municipalities, or government agencies under specific conditions and with certain limitations on the amount of recoverable damages. Currently, an individual suing over a single occurrence of negligence cannot recover damages of more than $300,000. The total damages recovered from the government for any single occurrence can be no more than $600,000. These liability caps remain in place no matter how many individual plaintiffs are involved. The caps have remained at their present level since 1997 without any adjustment for inflation.
The South Carolina Tort Claims Act is complex, containing numerous exceptions and subject to ongoing changes. Typically, agencies like the South Carolina Department of Transportation (SCDOT) aren’t liable for accidents unless they knew about a hazardous road condition and didn’t fix it in a reasonable time. However, SCDOT can be held responsible if they failed to perform proper inspections or unreasonably delayed repairing a reported issue, leading to unsafe conditions.
The SCDOT identifies road hazards through regular inspections and reports from motorists. If you encounter a hazardous condition, report it directly to SCDOT through their online portal. Timely and accurate reports not only improve road safety but also help ensure accountability for dangerous conditions.
Wondering if you can review a list of reported road hazards? Unfortunately, SCDOT keeps that information private.
How to Seek Compensation from the SCDOT
Step 1: Adhere to all deadlines.
The statute of limitations for filing a lawsuit against an individual or private business in South Carolina is three years. However, under the South Carolina Tort Claims Act, the statute of limitations for filing a lawsuit against a government entity is only two years. The South Carolina Tort Claims Act allows the statute of limitations to be extended to three years if a verified claim for damages is properly filed. However, this claim must be submitted within one year of when the loss occurred or was discovered. (S.C. Code Ann.§ 15-78-80 (d)). After filing your claim, you must wait either 180 days or until your claim is denied, whichever comes first, to file a lawsuit.
To add some complexity, the time limit for filing an automobile injury claim can sometimes be extended or delayed under certain rare circumstances. For example, if the injured person was a minor at the time of the crash, the statute of limitations typically does not begin until the child turns 18.
Missing the statute of limitations deadline can have serious and lasting consequences, potentially preventing you from pursuing justice or obtaining compensation. Courts strictly enforce these deadlines and usually dismiss lawsuits filed after the statute of limitations expires, regardless of how strong or valid your claim may be. Even if you have clear evidence proving the other party’s liability, you could lose your right to have your case heard simply because you missed the filing deadline.
Step 2: Determine who is responsible.
In South Carolina, the responsibility for maintaining roadways is shared among city, county, and state governments. To file a claim for personal injury or property damage caused by a road defect or hazardous condition, the first step is to verify whether the accident occurred on a state-maintained road. You can do this using the state’s Road Finder tool.
If the road is not state-maintained, you can contact SCDOT by phone for assistance in identifying the responsible agency or party. The SCDOT Claims Department is available Monday through Friday, 8:30 AM – 5:00 PM. You can reach them toll-free at 855-GO-SCDOT (855-467-2368) or at 803-737-1200.
When dangerous road conditions result in injuries or property damage, liability may also fall on:
Contractors hired to perform upkeep
Construction companies working on the roadway
Negligent drivers who failed to navigate hazards safely
This shared responsibility can make identifying who is liable for an accident caused by poorly maintained roads a complex process.
Construction Zones: In the event of an accident within a construction zone, even on state-maintained roads, the contractor overseeing the site is typically responsible. Therefore, you must file your claim directly with the contractor managing that specific construction area. The SCDOT can assist you in identifying the responsible contractor. Additionally, SCDOT provides an interactive map that highlights ongoing road projects across the state, which can be a useful resource.
Comparative Negligence: Simply encountering a hazardous road condition does not automatically guarantee compensation. Your actions during the accident will be carefully examined to assess your level of responsibility. This is known as comparative negligence (S.C. Code Ann. §15-38-15).
In South Carolina, if you’re found to be 51% or more responsible for a car accident, you cannot recover any compensation from the defendant. If you’re found to be less than 51% responsible for the accident, you can still receive compensation. However, the amount will be reduced by your percentage of fault.
Here’s how comparative negligence works in SC: Imagine you’re driving and hit a pothole, causing an accident. If you were speeding at the time, both you and the SCDOT might share blame. If it’s determined that you were 40% at fault due to speeding, and SCDOT was 60% at fault for not repairing the pothole, you could recover 60% of your damages. If your damages total $10,000, you’d receive $6,000 (which is 60% of $10,000).
Step 3: File your claim.
Instructions for filing a claim with SCDOT are available on their website. Again, your claim MUST be filed within one year of the incident and should include the following:
Damage Claim Form that you have signed in front of a notary.
Two repair estimates or a paid itemized receipt for vehicle repairs.
Vehicle registration.
For personal injury claims, include documentation of your injuries, such as medical records and bills.
To strengthen your claim, provide as much detailed information as possible. Take photos or videos of your injuries, damages, and the location of the incident. Including the following details will also be helpful:
• The road and direction you were traveling.
• The exact location of the issue.
• Witness statements, including names and contact information.
• Weather and road conditions at the time of the incident.
• Nearby landmarks or businesses.
• A clear description of the problem.
After you file your claim, a Customer Service Agent from SCDOT will contact you within two business days. An investigator will review and investigate your claim before making a recommendation to SCDOT. SCDOT (or its insurance carrier for larger claims) has up to 180 days to make its determination.
If your claim is approved, the South Carolina State Treasurer’s Office will issue a check within 10 business days of notifying you. If SCDOT determines it is not liable for your damages, the SCDOT Legal Office will inform you that your claim is denied.
Step 4: File a lawsuit.
If the South Carolina Department of Transportation (SCDOT) denies your damage claim or fails to resolve it within 180 days, you have the right to file a lawsuit under the South Carolina Tort Claims Act, provided the statute of limitations has not yet expired.
What is the likelihood of success?
Each year, SCDOT processes 3,000 to 4,000 claims, approves about half, and pays out roughly $1 million in damages. This chart summarizes claims from 2010 to 2019, ranging from under $250 to $1 million. Out of 23,486 claims filed, only 47% were approved, resulting in total settlements of $4.8 million.
Smaller claims (under $1,500) accounted for most cases and payouts, while higher-value claims were less common and had lower approval rates. On average, SCDOT paid approximately $480,000 annually, with smaller claims making up the bulk of the payouts. More details are available in the SCDOT Internal Audit Report.
Filing a claim against a government agency can be complex and overwhelming. An experienced South Carolina tort attorney can gather evidence, meet deadlines, and build a strong case to protect your rights.
Contact Us for Help
If you’ve been injured or suffered damage due to poor road conditions, don’t navigate this challenging process alone. Contact us today.
We’ll guide you through the legal process, work to prove government negligence, and fight for the compensation you deserve.
Wondering if you have a case? Ask us. Our experience and legal knowledge can provide clarity—and you don’t pay a thing unless we successfully secure a recovery for you. Let us help you get the answers and justice you deserve!