What to Do When Injured by Public Transit in Charleston, SC

Public transportation in Charleston comes from the Charleston Area Regional Transportation Authority (CARTA). Available transit consists mostly of bus routes, and accidents sometimes occur. These kinds of accidents may be severe, and you should get help from a lawyer right away.

After an accident involving CARTA, you may sue the bus driver, other drivers who contributed to the crash, and CARTA. When suing a governmental entity, like a public transit authority, we must act quickly. While we have 3 years from the date of the accident to file a lawsuit, we only have 1 year to submit a formal notice of your claim to CARTA. This is a very tight deadline, and you need to contact a lawyer as soon as possible.

Ask for a confidential, free legal evaluation from our Charleston, SC personal injury attorneys by calling the Graves Injury Law Firm at (305) 614-2767.

Who Can You Sue After Being Injured on CARTA Public Transit in Charleston, SC?

Determining who should be held accountable for an accident involving CARTA is not always easy. Your accident might be complicated, with multiple drivers and other people involved.

The Bus Driver

According to the South Carolina Tort Claims Act, which governs how governmental entities and employees may be held liable, government employees are generally not liable for accidents that occur within the normal scope of their duties.

If the bus driver caused the accident because they were doing something not part of their job, or they acted with malice, fraud, or an intent to harm, or they caused the accident while committing a crime of moral turpitude, they may be held liable.

The Charleston Area Regional Transportation Authority

Since the bus involved in your accident is part of public transportation in Charleston, you may be able to sue CARTA for damages. Governmental entities are generally held responsible for torts in the same way a private person or entity would be, barring special circumstances.

Unless CARTA can claim some form of immunity, which may be difficult if the accident occurred within the scope of the driver’s job, our Charleston, SC personal injury attorneys should be able to file a lawsuit against it.

Other Drivers Involved in the Accident

Other drivers on the road might have acted negligently and contributed to the crash. For example, if the bus driver was speeding or driving while distracted, and another driver recklessly cut off the bus driver, the resulting accident might be the fault of both drivers.

How Do You Gather Evidence of an Accident with Public Transit?

A great place to start gathering evidence is the scene of the accident. More evidence may be obtained during the discovery phase of the case.

Witnesses

Accidents involving public buses usually involve many witnesses. Other passengers on the bus, drivers alongside the bus, and pedestrians waiting for the bus might have seen the accident.

We can interview people with first-hand knowledge of the crash. If anyone has especially helpful information, we may have them testify in court.

Video Footage

There is likely video footage of your accident, and we must determine who has the cameras and how to obtain it.

Security cameras from nearby businesses or private residences might have recorded the accident. We should contact the owners of these cameras before the footage is deleted.

The bus itself likely has onboard cameras that recorded crucial information. Since CARTA controls this evidence, we may have to wait until the discovery phase begins to obtain it.

CARTA Records

Records about the bus driver or inspection records about bus safety may also shed light on how the accident happened. Again, CARTA controls these records, so we likely cannot obtain them until the discovery phase begins and CARTA is essentially required to exchange evidence and information with us.

When to File a Lawsuit After Being Injured on CARTA Public Transit

You do not have an unlimited amount of time in which to prepare and file a lawsuit. Laws known as statutes of limitations restrict the time you have to sue, and we must file the case within the period set by law.

The Statute of Limitations

In South Carolina, an accident with a CARTA bus likely falls under the category of personal injuries. The statute of limitations for personal injury claims allows injured victims no more than 3 years to sue. This time limit begins on the day of the accident.

If you do not file your case on time, you may be barred from ever filing it. It does not matter if you were unaware of the limitation period.

Suing a Governmental Entity

CARTA is a governmental entity, and there are some additional legal hoops to jump through before your lawsuit can move forward. Specifically, we must submit a formal notice of your claim to the appropriate governmental agency within 1 year of the accident.

This is an incredibly tight turnaround, and we must move very quickly to prepare your case and notice of claim. If we do not submit the notice on time, we might be unable to sue CARTA for damages.

FAQs About Suing for Injuries on Public Transit in Charleston, SC

Who is Responsible for an Accident with CARTA in Charleston, SC?

CARTA may be held responsible for an accident involving public transportation in Charleston. Under the South Carolina Tort Claims Act, government employees, such as those working for CARTA, are generally not liable for accidents occurring within the scope of their duties. However, an employee, like the bus driver, may be held responsible if they caused the accident by acting with malice, fraud, an intent to harm, or they committed an act of moral turpitude.

What Damages Should You Claim After an Accident with CARTA?

Damages commonly include medical bills, damaged property, and lost income from being unable to work while you recover. You may also claim damages for distress, physical pain, and the trauma you experienced because of the accident.

Can You Sue CARTA After an Accident?

Yes, you can sue governmental entities, but there may be different legal procedures to follow. When suing CARTA, we must submit a notice of your claim to the correct government offices within only 1 year of the accident. If we do not, you might not be allowed to sue CARTA.

Where Do You Find Evidence to Sue for an Accident with CARTA?

Evidence often comes directly from the scene of the accident, such as photos, videos footage, and witnesses. We may obtain additional evidence, such as CARTA records about the bus driver and the bus, during the discovery phase of the lawsuit.

Talk to Our Charleston, SC Personal Injury Attorneys About Your Case Now