Potholes and road defects are more than just an inconvenience,they can result in costly claims for damages, personal injuries, and significant safety hazards. In South Carolina, if your vehicle or property is damaged due to poor road conditions, you may be able to seek compensation through the appropriate damage claims department.
The process of recovering compensation depends on identifying whether the responsible party is the South Carolina Department of Transportation (SCDOT) or a local city or county government. Understanding this difference is key to filing a successful claim.
Understanding Road Defects and Their Risks
Road defects in South Carolina vary in type and severity. Common hazards include:
- Potholes – Often a pothole issue arises due to weather damage, heavy traffic, and poor pothole maintenance issue practices.
- Uneven pavement and cracks – A defect before damage occurred can sometimes be documented through timely inspections and repair logs.
- Standing water and drainage problems – Leading to skidding or hydroplaning.
- Loose gravel or debris – A type of damage that can cause chipped paint, cracked windshields, or wheel damage.
Some of these conditions can cause injuries from potholes, from minor bumps to serious tissue damage in extreme cases.
Determining Responsibility
Before filing a claim, you must identify whether the defective road is maintained by:
- SCDOT – Responsible for highways, interstates, and certain main roads.
- City government – Oversees streets within municipal limits.
- County government – Manages rural and county roads.
The correct identification determines which damage claims department you contact and where your evidence is sent.
How to Identify the Responsible Agency
You can:
- Look for posted signs indicating maintenance responsibility.
- Check SCDOT’s road ownership maps.
- Contact your Clarendon County Public Works Sumter County Public Works Office, Sumter County Public Works Lee County Public Works Office, or other relevant public works departments.
- Visit local offices like the Hampton Street Post Office for community information on road jurisdiction.
Filing a Claim Against SCDOT
When damage occurs on a state-maintained road:
- Fill out the SCDOT claim form available online or at district offices.
- Include photos of damage showing the road defect and your losses.
- Provide repair receipts or estimates.
- File within the time limits outlined under the South Carolina Tort Claims Act.
The agency will investigate to see if they had notice of the defect before damage occurred and whether it was addressed in a reasonable time.
Filing a Claim Against a City or County
For roads under local jurisdiction:
- Identify the correct damage claims department in your city or county.
- Use the official claim form provided.
- Submit evidence, including photos of damage and repair invoices.
- Contact offices such as Clarendon County Public Works Sumter County Public Works Office or Sumter County Public Works Lee County Public Works Office for guidance.
The South Carolina Tort Claims Act
This law governs claims for damages against state and local entities. It sets liability limits, establishes procedures, and requires claimants to prove that the government knew or should have known about the road defect.
Building a Strong Case
For the best chance of success:
- Take clear photos of damage from multiple angles.
- Record the exact location, referencing landmarks or mile markers.
- Document the type of damage (e.g., tire puncture, wheel damage, or suspension repair).
- If you suffered injuries from potholes, get medical evaluations and keep records, especially if there’s tissue damage.
Potential Compensation
Successful claims for damages can cover:
- Repair costs for your vehicle
- Medical expenses for injuries from potholes
- Reimbursement for towing, rentals, or other related losses
Why Claims Are Denied
Common reasons include:
- The pothole issue was recently reported and under repair.
- Lack of evidence such as photos of damage.
- Filing beyond deadlines.
- Inability to prove the defect before damage occurred.
Taking Action Quickly
If you encounter a dangerous road defect, report it to the relevant agency immediately,whether it’s SCDOT, a city, or a county damage claims department like the Clarendon County Public Works Sumter County Public Works Office or Sumter County Public Works Lee County Public Works Office.
About Ted Law Firm
Ted Law Firm provides South Carolina residents with practical resources on navigating claims for damages, understanding the South Carolina Tort Claims Act, and protecting their rights after a pothole issue or pothole maintenance issue .We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg By offering detailed guidance, Ted Law helps ensure the public is informed about processes, deadlines, and evidence requirements when dealing with SCDOT, county offices, and city departments. Contact us today for a free consultation
