A bus accident is not just a larger version of a car accident. Whether you were a passenger on a CARTA bus heading downtown, a parent of a student on a school bus, or a motorist struck by a massive charter coach, the legal aftermath is incredibly complex. Because these vehicles are massive and often owned by government entities or large corporations, the stakes are high and the laws are specific.
A dedicated Charleston bus accident lawyer is your most critical asset in navigating these turbulent waters. At the charleston bus accident lawyer office of Bringardner Injury Law Firm, we understand that you aren’t just fighting an insurance company—you are often fighting the State of South Carolina or a multi-million dollar transit corporation. We focus on providing the aggressive advocacy needed to secure your medical recovery and financial future.
Understanding Bus Accident Liability in South Carolina
In most car accidents, you simply deal with the other driver’s insurance. In a bus accident, multiple parties may be at fault. This is why “topical depth” in legal representation matters.
The charleston bus accident lawyer you hire must investigate every potential angle of negligence, including:
- The Bus Driver: Negligence such as distracted driving, speeding, or driving while fatigued.
- The Transit Authority (e.g., CARTA): If the bus is government-run, special sovereign immunity rules apply.
- The Private Bus Company: For charter and tour buses, companies are responsible for their employees’ actions under the doctrine of Respondeat Superior.
- Maintenance Contractors: If a mechanical failure like brake loss caused the crash, the third-party company responsible for upkeep may be liable.
- Manufacturers: If a defective part (like a steering column or tire) failed, a product liability claim may be necessary.
The “Common Carrier” Standard of Care
Under South Carolina law, buses are considered “common carriers.” This means they are legally required to exercise the highest degree of care for the safety of their passengers. This is a much stricter standard than the “reasonable care” required of standard passenger vehicle drivers.
If you were a passenger, your charleston bus accident lawyer will use this higher legal standard to prove that even a small oversight by the driver or company constitutes a breach of their duty to keep you safe.
Government Immunity and the South Carolina Tort Claims Act
If you were hit by a public school bus or a city bus, your case falls under the South Carolina Tort Claims Act (SCTCA). This is a critical area where many unrepresented victims lose their right to sue.
Key Restrictions of the SCTCA:
- Damage Caps: Recovery against government entities is currently capped (typically at $300,000 per person and $600,000 per occurrence), regardless of the severity of the injuries.
- Strict Deadlines: While a standard personal injury case has a three-year statute of limitations, claims against the government often require a “Notice of Claim” to be filed within one year to preserve your rights.
- No Punitive Damages: You cannot seek “punishment” money against a government body, only compensation for actual losses.
Common Injuries in Charleston Bus Accidents
Because buses lack the safety features of modern cars—such as airbags for every passenger and three-point seatbelts—the injuries sustained are often catastrophic. Our team frequently helps victims suffering from:
- Traumatic Brain Injuries (TBI): Caused by passengers being thrown against hard seats or windows.
- Spinal Cord Injuries: Leading to chronic pain or partial paralysis.
- Crush Injuries: Particularly in accidents involving pedestrians or smaller vehicles.
- Severe Whiplash: Common in high-impact rear-end collisions.
Step-by-Step: What to Do After a Bus Accident
- Call 911 Immediately: Ensure a police report is filed. This is non-negotiable for bus claims.
- Take Photos/Video: Capture the bus number, the name of the transit company, and the position of all vehicles.
- Collect Witness Info: Buses have many passengers; their statements are vital evidence before the company “cleans” the scene.
- Seek Medical Attention: Even if you feel “fine,” the adrenaline of a crash can mask serious internal injuries.
- Consult a Professional: Call a charleston bus accident lawyer before speaking to an insurance adjuster from the bus company.
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How Bringardner Injury Law Firm Maximizes Your Claim
We don’t just wait for an insurance offer. We proactively build your case using:
- Black Box Data: We subpoena the Electronic Control Module (ECM) to see the bus’s speed and braking patterns at the time of impact.
- Driver Qualification Files: We check if the driver had a history of violations or was improperly licensed.
- Forensic Engineering: We work with accident reconstruction experts to prove exactly how the crash happened.
Frequently Asked Questions (PAA)
How much is my bus accident case worth?
The value depends on your medical bills, lost wages, and the long-term impact on your quality of life. However, if a government bus is involved, the South Carolina Tort Claims Act may cap your recovery at $300,000.
Can I sue if a bus hit my car but I wasn’t on the bus?
Yes. You can file a claim against the driver and the company they work for. These cases often involve commercial insurance policies with higher limits than personal auto insurance.
How long does a bus accident lawsuit take?
Cases involving government entities can move slower due to administrative hurdles. Most cases settle within 12 to 18 months, but if a trial is necessary, it can take longer.
Conclusion: Don’t Let the Insurance Companies Bully You
The road to recovery after a major accident is long, but you don’t have to walk it alone. Large transit companies have teams of lawyers working to minimize your payout the second an accident happens. You deserve a charleston bus accident lawyer who will fight just as hard for you.
At the Bringardner Injury Law Firm, we provide the expertise, local knowledge, and aggressive representation needed to win. Whether you are dealing with a CARTA claim or a private charter crash, we are here to ensure you aren’t left holding the bill for someone else’s negligence.
Is it time to hold them accountable? Contact our team today for a free, confidential case evaluation. We work on a contingency fee basis—you don’t pay us unless we win for you.
