Defective Road Accidents in South Carolina

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According to a May 2019 report from TRIP, a private nonprofit research organization, it is estimated that roadway features contribute to approximately one-third of fatal accidents in South Carolina. In 2017, the most recent statistics available, there were 988 traffic accident fatalities in 2017. In the five years of 2013 through 2017, there were 4,571 traffic accident fatalities in South Carolina.

The 2019 TRIP report found that 45% of South Carolina’s roads are in poor or mediocre condition and 10% of South Carolina’s bridges are structurally deficient, meaning significant components of the bridges have significantly deteriorated.  

 

Types of Defects:

When a road or highway isn’t built (or maintained) to proper standards, the state, county or city responsible for it, or agencies they’ve contracted with, may be liable. The attorneys at Krause, Moorhead & Draisen will evaluate your injury or wrongful death claim involving the following types of highway defects and hazardous road conditions:

  • Insufficient median or road dividers
  • Unsafe drop offs / ravines
  • Missing or improperly installed guardrails
  • Potholes neglected to be repaired
  • Overgrown vegetation/trees blocking signs
  • Unmarked or poorly marked construction zones
  • Dangerously pooling water causing hydroplaning  

Roadway defect cases can be challenging to pursue, as it is the responsibility of the injured victim to establish the connection between the accident and then dangerous roadway condition, and then determine who is responsible.  It is unlikely that the initial law enforcement report will not mention a potential road hazard being a cause in the accident.

One problem with roadway defect cases is changing conditions and disappearing evidence.  For example, if a roadway is under construction and traffic signs are missing or confusing, or the construction signs are forgotten to be removed, the dangerous condition can quickly be eliminated, and it can be almost impossible to demonstrate what happened.

 

Contact Us Today

In South Carolina, under the Tort Claims Act, you have one year from the date of occurrence to file a damage claim.  If you have been injured and would like more information regarding your rights to compensation, contact Krause, Moorhead & Draisen, P.A. today at 864-932-3001 to set up a free consultation and evaluation of your potential case. To best preserve your rights to obtain full and fair compensation for your injuries, do not delay in contacting a lawyer.

 

Summer Safety — Preventing Boating Accidents in South Carolina

It seems summer doesn’t go by without hearing of tragedy on beautiful summer days, especially around Memorial Day, Independence Day, and Labor Day holidays. Nationwide, in 2017, there were 658 boating fatalities and 2,629 injuries stemming from 4,291 reported accidents. By understanding the risks on the water, you can reduce your likelihood of being involved in a boating accident.  The following are some tips to consider before heading out on the open sea or lake this summer:

 

Boat Sober – Always

It is illegal to operate a boat while under the influence of alcohol, but alcohol continues to be the leading known contributing factor in fatal boating accidents, and the prominent element of 19 percent of deaths, according to a 2017 Coast Guard Recreational Boating Statistics Report. If you are operating the boat, refrain from drinking, and be a designated boater. In South Carolina, felony BUI (boating under the influence) has a penalty of up to a $25,000 fine and up to 25 years in prison.

 

Wear A Life Jacket

You may know how to swim, but no one can swim if they are seriously injured. According to the Coast Guard, about 76% of boat accident deaths are caused by drowning.  Of those drowning victims with reported life jacket usage, 84.5 percent were not wearing a life jacket. “Wearing a life jacket is the single most important thing you can do to save your life or the life of someone you care about,”  said Captain Scott Johnson, chief of the Office of Auxiliary and Boating Safety at Coast Guard Headquarters. South Carolina law requires all children under 12 years of age to wear a U.S. Coast Guard–approved Type I, II, III, or V personal floatation device (PFD) while onboard a vessel less than 16 feet long.

 

File a Float Plan

You can fill out a float plan on the US Coast Guard App and notify up to three friends the details of your plans: when you are leaving, when you expect to return, and other information they can use to facilitate a missing or overdue boater case.

 

Watch Out for Reckless Boaters

Boating, like aviation, has its share of “weekend warriors” – rusty individuals who hop in the cockpit after weeks and months of NOT operating a vessel and then proceed to take the family out on the lake or open sea. Other boaters may be inexperienced, distracted, under the influence of alcohol or drugs, or allowing minor children to operate vessels.

If you have been injured in a boating accident in South Carolina, contact the boat and jet ski accident attorneys at Krause, Moorhead & Draisen, P.A. for a free consultation.

We help people like you every day.


Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.