Damage to My Car from Something in/on the Road
While most car accidents are caused by driver negligence in one form or another, this isn’t always the case. If your car’s been damaged as a result of a poorly maintained road, such as by the debris from an accident that wasn’t properly cleaned and cleared, the responsible party could be the municipality, which can be held liable. If you think you suffered an injury as a result of someone else’s negligence in a car accident, an experienced South Carolina car accident attorney can help.
When Another Driver Drops Something on the Road
Motorists are responsible for traveling across roadways safely, which includes not dropping debris on the road as they do so. We’ve all seen way too many cars and trucks that either have loose loads shoved in the back, that are sloppily hauling heavy, unsecured items, or that are especially precarious in terms of the things that are strapped to them.
Related Accidents
When an item flies off of a vehicle at high speed, it’s especially dangerous, and when the item is sitting in the middle of the road, it can also lead to serious accidents. Unfortunately, such events are all too common.
Compensation Sought
If you can identify the vehicle that caused you to be injured, such as if your dashcam caught their license plate number, you can seek compensation for your damaged vehicle through the at-fault driver’s insurance coverage. If this isn’t the case, however, you’ll likely need to file your claim through your own policy.
When the Municipality Is Liable
Different municipalities are responsible for different roads throughout the State of South Carolina. This responsibility extends to issues related to each of the following:
- Eroded roads
- Potholes
- Dangerously uneven pavement
- Debris on the road that hasn’t been cleared away within a reasonable amount of time
- Weather-related hazards that remain uncleared, such as flooding, ice, or snow
The Path Forward Is Challenging
While you can seek compensation from the municipality that is responsible for the damage to your vehicle, it’s a much more challenging path forward than going after a negligent driver. To begin, you’ll need to alert the governmental entity of your intent to seek compensation by filing a Notice of Claim within 90 days of the accident – rather than within the three years, you would have to file a personal injury lawsuit against a distracted or otherwise negligent driver. If you miss this brief window, you sacrifice your right to pursue legal action against the municipality responsible.
Consult with an Experienced South Carolina Car Accident Attorney Today
The formidable South Carolina car accident attorneys at Bradley and Perkins Attorneys at Law have the experience and legal insight necessary to help guide your complex claim forward toward just compensation that covers your complete losses. The outcome of your claim is important to your recovery, so please reach out and contact us online or call us at 864-401-8770 for more information about what we can do to help you today.