Many people use public transportation every day in South Carolina. It is economical, reliable, and most of the time, relatively safe. However, vehicles used for public transportation can be involved in an accident like any other and when they are, they can be very serious.
This is due to the large size and weight of public transportation vehicles. Unlike other auto accidents, those involving public transportation are very different. These cases have different claims processes, different rules, and sometimes, even different compensation. The process and results of these cases often depend on the jurisdiction in which the crash happened.
It is always recommended that you work with a car accident lawyer after any crash. Due to the complexities of public transportation accidents, it is even more critical to have an experienced South Carolina auto accident lawyer for legal representation.
What is a Public Transportation Accident?
Public transportation has many benefits. It is cost-effective, environmentally friendly, and convenient. Still, all forms of travel have some type of inherent risk. Public transportation accidents are those that involve some type of public transit such as subways, trains, and buses.
Public transportation is designed to carry a lot of people from one destination to another at the same time.
As such, when public transportation vehicles are involved in a crash, the outcome can be devastating.
Although using public transportation is fairly safe, there are risks involved. Public transportation does not have the safety features available on other vehicles, such as airbags or seat belts. These safety features can help minimize the impact of an accident. Other types of public transportation vehicles, such as trains, operate at very high speeds and this can significantly increase the severity of a crash or derailment.
Common Types of Public Transportation Accidents
There are a number of common types of public transportation and any one of them can be involved in an accident. In South Carolina, the most common types of public transport accidents are as follows:
- Train accidents: Train accidents can result from accidents with other trains, vehicles, or people. Personal injury claims may also involve other incidents that occur on a train, such as rape, assault, or robbery.
- Bus accidents: Bus accidents can also involve other vehicles, including other buses, pedestrians, bicycles, or stationary objects.
- Ferries: A ferry accident can be very dangerous, as these usually occur in the water. A ferry accident can result in some of the most serious injuries such as drowning or near-drowning.
Common Causes of Public Transport Accidents
Public transport accidents have very similar causes as other types of accidents. The most common of these are as follows:
- Operator negligence, such as failing to comply with traffic laws, distractions, and operating a vehicle while impaired
- Failure to properly maintain a vehicle
- Defective or faulty vehicles or parts
- Poorly maintained or defectively designed roads or rails
- Insufficient lighting, security, or other safety measures
- Improper training or supervision
- Negligent hiring practices
It is often even harder for passengers on public transit to know what caused an accident. This is due to the fact that they often cannot see what the operator sees and so, they do not see the events that lead up to an accident. A South Carolina personal injury lawyer can conduct an investigation to determine what caused the accident.
Determining Liability for a Public Transportation Accident
Passengers are rarely to blame for public transportation accidents, although there are times when they might be to blame. The most common liable parties in public transportation accident claims are as follows:
- Public transport operators: Bus drivers, train operators, ferry captains, and anyone responsible for operating public transportation has a legal duty to ensure they operate the vehicle as safely as possible. Due to the fact that these vehicles are known as common carriers, the level of duty they owe passengers and others is higher than other motorists.
- Other motorists and operators: All motorists and operators have a legal duty to avoid hurting other people. If another motorist, boat operator, or other party acts negligently and causes a crash, they can be held liable for the accident.
- Other passengers: There are times when other passengers can be held liable for certain incidents. These are not typically accidents but rather, intentional acts such as assault. In these instances, you may be able to hold the wrongdoer liable, as well as the government entity that oversees the public transport.
- Manufacturers: When a defective part, such as a defective braking system on a bus, causes an accident, the manufacturer of the faulty part can be held liable. Manufacturers have a legal obligation to ensure that their products are safe to use and will not cause harm.
Holding Government Entities Liable in a Public Transport Accident Claim
Public transportation vehicles, such as school buses and ferries, are typically owned by local or state governments. As such, many public transit accident claims must be filed against the government.
Any lawsuit filed against the government is governed by the South Carolina Torts Claims Act. When filing a claim under the Act, there are two very important things to keep in mind.
Firstly, damages are capped at $300,000 in these claims. This means even if you suffered damages greater than that amount, you can only obtain up to $300,000. Secondly, while you generally have up to three years to file a claim against a private citizen, this timeline is shortened to two years. You may be able to extend this timeline to three years if the court denies your claim or you file a ‘verified claim for damages’ and wait 180 days. These timelines are known as the statute of limitations and if you miss these deadlines, you will not be able to claim any compensation at all.
Our Personal Injury Lawyers in South Carolina Can Help with Your Claim
At Rikard & Protopapas, our South Carolina personal injury lawyers have a proven track record of helping accident victims file a claim against government entities, and we can put that expertise to work for you, too. Call us now or contact us online to schedule a consultation and to learn more about how we can help.