What if I am injured in a bicycle accident due to a poor roadway design?
If you are injured in a bicycle accident due to a poor roadway design in South Carolina, you may be able to file a lawsuit against the responsible governmental entity. Generally, governments are immune to lawsuits unless the plaintiff can show that an exception applies. Specifically, governments may be liable if dangerous conditions on government property are allowed to exist and, as a result, injuries occur. In South Carolina, when determining whether or not the municipality is liable for the poor roadway design, several factors must be considered, including the design, construction and maintenance of the roadway. The plaintiff must also demonstrate that the municipality was aware of the dangerous roadway condition and failed to remediate it. Additionally, the plaintiff needs to show that the poor roadway design was the direct cause of the bike accident. It is important to note that a suit against a government entity is time-sensitive and must be filed within a certain window of time. In South Carolina, lawsuits concerning negligence due to poor roadway design are generally subject to a three-year statute of limitations. In conclusion, if you have been injured in a bicycle accident due to a poor roadway design, you may be able to pursue a lawsuit against the responsible governmental entity in South Carolina. Before initiating a lawsuit, it is important to understand the relevant statutes, deadlines, and necessary evidence to succeed.
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