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If you have been injured in an auto accident due to a road defect in or around Greenville, you may be owed compensation for your injuries. The government has a responsibility to maintain the roads to keep our population safe. A recent study from the American Society of Civil Engineers found that 18% of roads in South Carolina are in poor condition. Damaged roads can be very dangerous for even the most careful drivers.

The attorneys at Hammack Law Firm are committed to securing compensation for injured victims. We have decades of combined legal experience fighting successfully on behalf of our clients. Contact us today at 864-727-7828 to schedule a free consultation and learn about your legal options.

Why You Need A Lawyer

There are some unique challenges that come with handling a car accident that was caused by road defects. Instead of filing a standard insurance claim, you will need to seek compensation from the government entity who is responsible for that road. This can be a tricky process, as there are time limits and additional requirements to file a claim against the government. Additionally, if yours was the only vehicle involved, there may not be other witnesses who can provide a statement of what occurred.

The good news is, many people have successfully secured compensation for accidents caused by road defects in South Carolina. The Greenville News reported that the Insurance Reserve Fund paid out over $30 million in compensation for such accidents on behalf of the South Carolina Department of Transportation over a six-year period.

An experienced lawyer will understand the specific details that are key to winning a case against the Department of Transportation or other government entity. They will be able to help you through the legal process so you can be confident that everything is done correctly.

Why Choose Us

Hammack Law Firm is a small firm that prioritizes giving individualized attention to each client. While big firms may handle cases with a formulaic, one-size-fits-all approach, our approach is completely different. Since each person and case is different, we take the time to truly develop a relationship with our clients so we can understand what you are going through currently, as well as your goals for the future.

Our clients have left excellent reviews of their experiences with Hammack Law Firm over the years. Many former clients have expressed gratitude for our expertise, great communication, patience, and personal attention. Through their positive ratings, we have earned five stars on Avvo and Facebook. Additionally, we have received the AV Preeminent rating from Martindale-Hubbell.

Types of Road Defects

Some road defects are due to a lack of maintenance, while others are a result of poor design from the beginning. Some common types of road defects include:

  • Worn Pavement or Potholes
  • Missing or Faded Lane Markers
  • Missing Guardrails
  • Narrow Shoulders
  • Inadequate Lighting
  • Unclear or Missing Road Signs
  • Poor Water Drainage
  • Road Debris

Road defects can occur on small residential streets as well as large interstate highways, and every type of road in between. The level of government that has jurisdiction over the road depends on the type of road and where it is located.

Other Road Users

Drivers of vehicles are not the only ones who can be affected by a lack of road maintenance or poor road design. Pedestrians and bicyclists also travel on or near the road, and they can also be injured due to bad road conditions, inadequate lighting, improper signage, or other issues. Since pedestrians and bicyclists do not have much protection, if they are hit by a vehicle, their injuries can be especially severe.

Building Your Case

After the accident, you should try to gather as much evidence as possible to share with an attorney. This could include photos from the scene of the crash, the contact information of witnesses, medical records, and any other evidence you think will be useful. An attorney can help you gather additional evidence as well.

When the accident involves road defects, it is especially important that these defects are clearly documented with photo evidence. If it is safe to do so, you may choose to revisit the area where the crash occurred to take detailed photos. Our attorneys will also work with an accident reconstruction team to visit the site of the accident and assess the extent of the road defects and their role in the accident.

Determining Liability

When road damage causes an accident, the government entity that is responsible for that road may be held liable. This could include the city, county, state, or federal government.

In order to prove that the government owes you compensation for your injuries, the following criteria must be satisfied to show that the government was negligent:

  1. The government had a duty to design and maintain safe roads to protect the citizens.
  2. The government failed to perform proper maintenance or allowed construction of a poorly designed road.
  3. The road defects directly caused an accident when the driver was using the road in a reasonable way and following the rules of the road.
  4. The accident resulted in injuries that were not preexisting or from a separate cause.

Our attorneys will work hard to gather evidence that proves what occurred before, during, and after the accident. We will also take into consideration the applicable laws that relate to your situation. Together, this information will allow us to build a strong case as we seek to secure compensation for your injuries.

Applicable Laws

There are some local and state laws to be aware of that could affect your claim.

  • Statute of Limitations – When it comes to filing a claim against the government, the amount of time you have to file a claim is often shorter than a typical personal injury case. The city, state, and federal government each have their own laws about filing claims after an accident, depending on who has jurisdiction over the road where the accident occurred.
  • Comparative Negligence – South Carolina follows the law of modified comparative negligence. This means that if you are found to be partly at fault for an accident, you can still recover some compensation, but it will be reduced based on the percentage you were at fault. If your level of fault is higher than other involved parties, however, you will not be allowed to recover any compensation.

It can be difficult to understand the specifics of these laws and the many other laws that may apply to your case. Mistakes in filing your claim can reduce your compensation, slow down the process, or even make you ineligible for compensation entirely. This may sound overwhelming, but you can trust that Hammack Law Firm will do everything we can to guide you through the process in order to help you secure full compensation in a timely manner.

Multiple Liable Parties

If there was more than one vehicle involved in the accident, another driver may also be partially liable for your injuries. For example, if the other driver was speeding, distracted, intoxicated, or engaged in any other careless behavior, they may have also contributed to the accident in addition to the poor road conditions. It can be difficult to determine who is liable, but an experienced attorney will use many resources to gather important evidence and hold the correct parties financially responsible.

Types of Compensation

The amount of compensation you receive will depend on how severely you were injured, as well as other factors. We will discuss the types of compensation that you may be owed during our first meetings, so you have an idea of what to expect. In general, you may be owed compensation for:

  • Current and future medical bills
  • Pain and suffering
  • Long term care and rehabilitation
  • Emotional trauma
  • Lost wages
  • Loss of future earning potential

If your loved one was killed in an accident caused by road defects, you may file a wrongful death claim. This could cover funeral and burial expenses, loss of companionship, loss of future earning potential, and other losses associated with their death.

We cannot guarantee specific financial results, but we do guarantee that we will use every resource we have available to advocate for you to receive the full amount of compensation you are owed. You won’t have to worry about not being able to afford an attorney. We are a contingency fee based firm, so we only make money if you do!

Contact a Greenville Car Accident Attorney

The attorneys at Hammack Law Firm are committed to serving the people in and around Greenville. When someone in our community is injured due to road defects, we make it a priority to not only secure compensation for your injuries, but also to protect others in our community.

By holding the government accountable, we send the message that it is crucial for them to invest money in developing safer roads to prevent other residents of South Carolina from being involved in similar accidents. With decades of experience on our side, you can count on the attorneys at Hammack Law Firm to handle your road defect case.

Contact Hammack Law Firm today at 864-727-7828 or start an online chat to schedule a free consultation.


I am so thankful for Paul and his team! My wife was hit by a car over a year ago while standing watching our kids at a field day. Paul and I discussed the situation and it was clear because of the significant liability on the part of the person driving the car that we needed to pursue an insurance settlement. We made one phone call to the hospital and insurance company and knew we were in over our heads. After that I knew that HLFs expertise was necessary to navigate these waters. They did a terrific job and exactly 7 months after the incident, all was settled. We are extremely satisfied and thankful for their work.

Did I mention Lynn? AMAZING. So refreshing to watch pros navigate what could be a stressful and drawn-out process with elegance and efficiency.

Haro Setian From

Excellent legal service. Got me a very fair settlement from a vehicle accident, kept me fully informed during the process.Well Done!

John Davis From

(Translated by Google) Excellent service in my car accident case. A law firm really reliable and professional staff atendiéndome in my language. (Original) Excelente servicio en mi caso de accidente de auto. Una firma de abogados realmente confiable y con personal profesional atendiéndome en mi idioma.

Fernando Rocha From

Well…I guess in my eyes a Testimony is more valuable than a Review! My wife has been involved with her case with the help of Hammack Law Firm. I was not involved nowhere near as much as my wife but yet I witnessed the struggle. Paul doesn’t make promises and guarantees that he can’t keep but the one promise and the one guarantee is that he will do everything he can to help you and be there for you! The measures of this man is immeasurable because he’s a man of Faith. My wife and I witnessed that first hand. Paul’s staff shows what his expectations are to be which makes them great at what they do! Now some of you may not post such praises and positive vibes but one can only speak from one’s experience and ours was Highly Favored! Stay Focused Paul you and your staff are continued to be destined for Greatness!

Adam Johnson From

I went to 3 other law firms first and they all told me my case was not worth pursuing. I had a serious incident and went through a lot so I decided to try 1 more. They took my case and Paul got me a lot more than I expected! Everyone there is so helpful & friendly. Traci was also amazing! Thank you soooo much for everything.

Bob From

Absolutely a great group of people to work with. I don’t think I could have chosen a better firm to handle my case. Everyone is friendly and informative. If I ever have anymore legal issues I will be going back!

Courtney Brown From

I have been very pleased with the Hammack Law Firm. This firm has been helpful in all ways of settling a dispute. If one ever needs an attorney, Hammack Law Firm is the best ! Everyone that works here is most helpful, courteous and very professional!

Jackie Looper From

My experience with this law firm was wonderful I recommend anyone who is in need of a lawyer to contact this law firm!

Briajah Rodgers From

I have had nothing but great experiences with this company. Mr Hammack,Tracy,and Shelly are very great to work with. They are on top of your case. I have never had to deal with this type of situation so they explained the whole process. Thanks you guys!!!!!

Kristi Mull From

I was bery pleased with paul hammack and his staff.

Brad Haynes From

We are very pleased with hammack law firm.

Alycia Jones From

Wonderful team, they know how to care care of clients!

Dan Hammack From

Paul and the entire Hammock Law Firm operate with integrity and excellence. The firm provides a client-centered approach to the case at hand, delivering the best achievable results. Highly recommended!

Dr. Cameron Guida From

Hammack Law Firm is absolutely one of the finest, profressional group of people I have ever met. They are compassionate about what they do. Paul is very personable and reaches out to each and everyone of his clients to keep them informed on their case! I give them a five star rating!!

Lauren Marvin From

Paul is a fantastic attorney. He is very easy to talk to, and provides excellent legal service. Highly recommended.

Dan Crotchett From

They were very friendly and nice. They answered all My questions very well. They welcomed my whole family. Did everything that I expected and more.

Kimberly Higgins From

Def! 5 stars recommended to friends and family… They have bilingual staff and 100%/dedicated to your case!!! Staff is amazing!!!

Brenda Monroy From

They were super nice and knew how to help me and were really friendly and helpped my family when we needed it.

Brittany Higgins From

Great group. Very professional atmosphere!

Hardy Auston From

Great experience!

Ben Dixon From

Hammack law firm was so easy to work with.

Denise Tessneer From

Attorney Hammack and his team of professionals are absolutely wonderful. They were informative every step of the way by explaining the personal injury process. They worked tirelessly to ensure that I would be granted the largest settlement possible and I did! They are a great law firm that I will recommend to anyone looking to be treated with dignity and respect. Thanks so much to all of you for the legal service provided to me!

LaConda Moore From

When I had my car accident, my life suddenly and radically changed. Instead of running my company and traveling all over the country to see clients, I found myself in bed for weeks, unable to move, facing multiple surgeries and procedures, and fully at the mercy of family and caretakers. Paul took our case and helped us through the emotional and financial strain of the situation. He helped us get the full insurance settlement quickly and efficiently, which helped get our life back on track.

Beckie R From

My husband and I were represented by Hammack Law Firm in an insurance dispute. Paul helped us get the most out of our case and avoid litigation.

Donna W From

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