When a South Carolina auto accident occurs involving public transportation the injuries and likelihood of fatalities are far greater than they are with ordinary automobile accidents. Because there are likely to be a large number of victims with injuries that require compensation, things can get very complicated very quickly. This is especially true when the public transportation diver is the liable individual in the accident. If you or a loved one has been involved in a South Carolina auto accident involving public transportation, you probably have a lot of questions. We’ll try to answer some of your most pressing questions, today.
How Do You Establish Fault After a South Carolina Public Transportation Auto Accident?
When an auto accident involves public transportation, it could be the fault of another driver or of the driver of the public transportation vehicle. To recover any compensation for the associated injuries, you’ll have to first establish who was at fault for the incident. We recommend working with a South Carolina auto accident attorney for the best results.
You might be one of the passengers who was using the public transportation (such as a bus passenger), or you might be in another vehicle involved in the accident. In any event, it will be up to you and your attorney to prove that the accident was not caused by your own negligence, but by the negligence of another party if you are to recover compensation. This will involve gathering, investigating, interpreting and presenting your evidence. All of this can get very complicated, and the guidance of an attorney will be of immense help in this situation.
Who Will Have to Compensate Your Injuries and Damages?
In most auto accidents, you’ll establish fault, and then the at-fault driver’s auto insurance policy is responsible for covering your injuries and damages. Yet, public transportation auto accidents are a bit more complicated. They tend to involve more victims, and a liable party that is actually a company, rather than an individual. However, that company will have an auto insurance policy to address your damages, and if their policy doesn’t fully cover those damages, then you have the option of filing a lawsuit against the transportation company.
When it comes to public buses that are owned by the government, things become even more complicated. There are special rules associated with filing a lawsuit against a government entity, including a cap on the amount of compensation that you can recover. It is important to keep in mind, in this kind of case, that you can’t sue the driver of the bus, only their employer, who – in such cases – may happen to be the government. When it comes to filing a claim against the government in South Carolina, one individual is limited to $300K of compensation.
However, the limit is $600K for a single incident, no matter how many people were injured. Naturally, if there are several people injured, as is often the case with public transportation auto accidents, this can greatly limit your recovery in the claim if it is against a government entity. Among the associated rules is the need to file a notice of the claim with the government entity before filing it, which is something that is not true of ordinary auto accident claims.
If the liable party in your auto accident is not the government, then there is no cap on your damages, and you can pursue an auto accident claim without the additional rules and limitations that you’ll find when you file a claim against the government.
Do You Still Have Questions About South Carolina Public Transportation Auto Accidents?
If you still have questions about negligence and recovering compensation after a South Carolina auto accident involving public transportation, then you are certainly not alone. It is a complicated situation that really requires the guidance and representation of a skilled South Carolina auto accident attorney to sort through and resolve for your maximum benefit. Feel free to contact the South Carolina auto accident attorneys at David Aylor Law Offices to schedule a free consultation and learn more about your rights and options after an accident involving public transportation. It can be confusing, but you don’t have to face it alone.