Greenville, SC Bus Accident Lawyer
Many people use buses to get around Greenville. Unfortunately, the injuries you can sustain if you are involved in a bus accident can be significant.
To get coverage for all your damages from those who injured you, our lawyers can help you file a lawsuit. With our team’s experience, you can be sure that every potential defendant is identified. If the bus driver caused the accident, we will sue them and the bus company they work for. We also have the knowledge to file claims against public bus companies, which typically involves suing the city. We will also gather evidence and investigate if other people contributed to the accident. If a passenger or other driver is partially at fault, we will help you hold them accountable.
For a free case review with our bus accident attorneys, call Rice, Murtha & Psoras at (803) 219-4906.
Investigating a Bus Accident Case in Greenville, SC
Injury claims involving buses take much the same path as other accident lawsuits. However, additional considerations must be made in these cases. The issue of liability is often more complex, and calculating damages is rarely a simple matter. Some of the evidence that can help your case will also be in the bus company’s possession. Working with our bus accident attorneys is the best way to hold the negligent parties responsible and get the compensation you deserve. We have the experience to investigate every aspect of your claim while you focus on regaining your health.
Determining the Type of Bus in the Accident
Before filing your lawsuit, it is important to identify the type of bus that injured you. Depending on who owns and operates the bus, the rules for filing a lawsuit can be different.
Many people in Greenville rely on Greenlink buses for public transportation, while riders with disabilities often use the Greenville Area Paratransit (GAP) to get around. If you were injured on a Greenlink bus, you would usually need to file your lawsuit against the city government of Greenville and the Greenville Transit Authority (GTA), which directly oversees bus operations.
However, there are additional rules that must be followed before suing a government agency. This is because the state government and its agencies are protected by “sovereign immunity.” Fortunately, it does not protect them from injury lawsuits; it only adds additional requirements. For example, you must notify the GTA and the city of your intentions to file a claim.
These same rules will also apply to Greenville school bus accidents since most school buses are operated by the county. If it is a public school bus, we will file your complaint against the School District of Greenville County and possibly the city. However, we will likely be limited to suing the educational institution itself if the bus was operating for a private school.
You can also file a lawsuit against a private bus company if it is privately owned. The bus company could be a local charter business or a national company like Megabus or Greyhound. In either case, private bus companies can generally be held liable for the negligent acts of their drivers as per the legal rule of vicarious liability.
Determining the Cause of the Bus Accident
After identifying the bus in your case, we will determine how your accident occurred. In many cases, the bus driver acted negligently. Bus drivers can get distracted by their onboard systems or by passengers. Others cause devastating accidents by speeding. However, they are expected to carry out their duties with the utmost care. If they are inexperienced or untrained, that will not defend them against liability.
If another passenger is involved, we can name them in your lawsuit. While the bus driver has a duty to control passengers or make the situation safe, that does not excuse the passenger’s negligence. In a lawsuit, each defendant can be held responsible for their share of fault. Thus, we would sue the driver and passenger and let the court determine how much each defendant should pay.
Many other bus accidents are caused by other drivers’ negligence. Professional bus drivers tend to drive with more care than the average person, so it is common for an impatient or careless driver to cause a collision. However, it is still more common for both drivers to have acted negligently. If you were a passenger when the accident happened, you might not have seen the other driver. Our team’s next step would be to obtain evidence to fill in the gaps.
Gathering Evidence and Interviewing Witnesses
The next phase of your case will be to gather the evidence we need to file your complaint. After we know the type of bus involved and the likely cause, we will know where to look for evidence. We will usually need to submit your medical records with your complaint to show we have a valid cause of action. Thus, we will start by gathering your medical records from any provider you need to treat with.
The police crash report is another good place to look for evidence. It will contain important facts you might not remember, like the time of day. The accident report will also list any witnesses the police spoke to during their investigation. While the report cannot be evidence in a trial, we can use it to locate witnesses. Our lawyers can interview them and determine if their testimony will be helpful to your claim.
Once your lawsuit is filed, we can get more evidence through “discovery.” This can be pivotal in a bus accident claim since most buses come equipped with surveillance cameras. The cameras are typically set up around the bus so that no angle within or outside the bus is missed. Our team can request copies of the video from the defendant’s attorney and review them with you. If liability is clear, settlement negotiations should move quickly.
Time Limit to File a Lawsuit After a Bus Accident in Greenville, SC
How long you have to file a claim depends on who the defendant in your case is. If the defendant is a public municipality, like the City of Greenville, you will only have one year to file a lawsuit, according to S.C. Code Ann. § 15-78-80(d). The South Carolina Fiscal Accountability Authority or another political subdivision also has up to 180 days to disallow the claim under Section § 15-78-80(e). If the claim is approved, you will be notified of the decision. If you did not receive notice, it is considered a disallowance.
In most other cases, you will have three years from the date of your injuries to file a claim, as per Section § 15-3-530(5).
Contact Our Greenville, SC Bus Accident Lawyers for Help Today
Contact Rice, Murtha & Psoras at (803) 219-4906 to get your free case assessment with our bus accident lawyers.