By Alex Stalvey
When we think about car accidents, we focus on distracted drivers, speeding, or reckless behavior behind the wheel. But what happens when the danger isn’t another driver but the road itself?
I’m thinking about cracked pavement, minor and major potholes, poorly marked construction zones, and wonky guardrails. These examples of infrastructure issues might seem like background noise on a daily commute, but they could contribute to a life-altering accident.
According to the American Society of Civil Engineers, 43 percent of America’s public roadways are in poor or mediocre condition. That’s nearly half of the roads we drive on every day. In South Carolina, the situation is even more severe, and it has been widely reported that we have some of the deadliest rural roads in the country. This influenced the SCDOT to launch its Rural Road Safety Program in 2017 to lower the high number of crashes. It was a 10-year plan to improve 1,000 miles of rural roads in South Carolina.
Who’s Responsible When the Road Causes the Wreck?
This is an important question that should be approached from two distinct perspectives. In most accidents, the hazard was obvious and noted in the accident report.
However, there have been instances where my team and I have had to collaborate with investigators to identify hidden hazards that contributed to the accident, which were not known at the time.
Let’s take a look at each path.
When the Hazzard is Obvious
These are the types of accidents I’m thinking about:
- A driver swerves to avoid a pothole and clips another vehicle.
- A worn shoulder drops off unexpectedly, causing a car to veer off-course.
- Standing water on a poorly drained street leads to hydroplaning.
Conventional wisdom says that these are “freak accidents.” But in reality, they’re preventable, and they raise serious legal questions.
If a defective roadway contributes to your accident, liability may extend beyond the other driver. In some cases, government entities or contractors responsible for maintaining the roads could be held accountable. But pursuing these claims is complex. Short deadlines, special rules for filing against government agencies, and the need for detailed evidence can make or break a case in the courtroom or at the negotiating table.
This is where having an experienced legal advocate matters.
When the Hazzard is “Hidden”
Most accident victims don’t think about suing over a pothole. However, when dangerous infrastructure contributes to serious injury, or worse, someone needs to be held accountable for it. Holding the right parties accountable doesn’t just help you recover damages; it can also pressure municipalities to fix the problem before someone else gets hurt.
When we heard that a section of a bridge on Crowe Creek Road in Pickens County, SC, partially collapsed (thankfully, no injuries were reported), it got us thinking. The bridge, built in 1968 and rated only “fair” in its April 2025 inspection, was scheduled for replacement. But to date, no action has been taken.
A closer examination of South Carolina DOT records reveals that, in Pickens County, nearly one in three bridges (69 out of 214) are subject to some form of load restriction. In fact, following the collapse, DOT closed another nearby bridge as a precaution and launched in-depth inspections.
Picture this: you’re driving along what appears to be a typically narrow bridge. Suddenly, you swerve because the pavement is uneven, or a pothole nearly throws your vehicle off balance.
You might think this is a rare, isolated incident. We believe these are potential accident catalysts that are often overlooked.
Just as in the Pickens County incident, even routine routes can become dangerous when infrastructure is outdated or poorly maintained. It doesn’t take a collapse to create risk; a rough patch or a drop‑off shoulder can cause evasive maneuvers that lead to collisions.
If poor road or bridge conditions contribute to an accident, the responsible parties may include:
- Government agencies (city, county, state DOTs)
- Construction or maintenance contractors
- Entities that failed to maintain or properly signpost hazardous conditions
Proving a road defect contributed to an accident is complex, and deadlines for notifying governmental agencies can be tight. If infrastructure played any role, legal help is crucial.
Millions assume there’s nothing to do if a pothole or bridge defect contributes to an accident. However, when damage, serious injury—or worse—results, holding entities accountable can push for safer roads and the recovery of damage costs.
The Pickens County event is a stark reminder: infrastructure failures don’t just threaten bridges—they jeopardize lives on the road surrounding them. If the road itself caused or contributed to a crash, don’t write it off as a fluke.
If you’ve been in an accident and you think infrastructure conditions may have played a role, let’s talk.
