Even when you are being as cautious and careful as you can be on the road, there are some instances when a roadway hazard is unavoidable and it is impossible to prevent becoming involved in a car accident. In many instances, highway defects resulting from poor design and construction or a lack of maintenance cause severe injuries or even death. Construction areas are hot spots for accidents due to the detours, equipment, and crewmembers that fill the streets at these locations. With over 40 years of experience, motor vehicle collision lawyer Patrick E. Knie has helped many victims in Spartanburg and the surrounding communities seek the compensation they need to recover from their injuries.Seeking Compensation Through a Negligence Claim
After being involved in a roadway hazard accident, it is critical to collect as much evidence as you can without compromising your health and safety. If you have a cell phone or camera, take pictures of the scene, speak to witnesses, and record their contact information. Car accident cases rely heavily on evidence regarding the conditions at the scene of the collision that may have contributed to it, especially when the plaintiff alleges that the roadway design, construction, or lack of maintenance was to blame for the accident.
After collecting evidence, the plaintiff must show that the government agency responsible for designing and maintaining the roadway acted negligently. In general, negligence requires showing that the defendant owed the plaintiff a duty and breached that duty, and that the breach directly caused the plaintiff to suffer a quantifiable amount of damages. Local governments are responsible for ensuring that public roads are designed, constructed, and maintained responsibly. This includes mending potholes, removing debris from the road, ensuring there are no visibility obstructions, and assigning appropriate speed limits to the roadway.
In many instances, a plaintiff must file a claim directly with the responsible municipality before bringing a case in court. There are many rules regarding the statutes of limitations for claims against public entities, so it is important to act quickly after being involved in a roadway hazard case. Some government entities are entitled to assert sovereign immunity as a defense. Sovereign immunity is a legal term that encompasses certain situations in which a government entity cannot be held liable for specific acts.
In the case of a construction area, the plaintiff must show that the construction company was negligent in setting up and maintaining the construction site, and that the negligence was the cause of the plaintiff’s injuries and the resulting damages.Enlist a Greenville & Spartanburg Lawyer to Pursue Damages for Your Injuries
Suffering an injury as the result of a poorly designed, constructed, or maintained roadway can be a devastating situation for the victim and his or her family. Navigating the legal system is hard enough, but pursuing a case against the government can be even more daunting. Spartanburg attorney Patrick E. Knie knows what it takes to investigate a car accident case and put together a compelling and well-strategized case against a government entity or construction company. Our team of legal professionals can guide you through every step of the process and aggressively assert your rights. We offer a free, no-obligation consultation, so you have nothing to lose. Call us now at (864) 582-5118 or contact us online to set up an appointment. We represent clients throughout South Carolina, including in Cherokee, Union, Greenville, and Laurens Counties.