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Why Choose the Hughey Law Firm for Your Bus Accident Claim?
Common South Carolina Bus Accident Injuries
- Broken bones
- Fractured bones
- Whiplash
- Traumatic brain injuries
- Head injuries
- Neck injuries
- Back injuries
- Concussions
- Internal organ damage
- Deep lacerations
- Bruising
- Spinal cord injuries
- Soft tissue injuries
South Carolina Bus Accident Liability – Who Is at Fault?
- The bus driver
- The bus driver’s employer
- The bus driver’s supervisor
- A school bus operator
- A tour bus operator
- Other motorists
- Bus manufacturers
- Bus owners
- Bus maintenance companies
- Governmental agencies
- Bus part manufacturers
South Carolina Bus Accident Causes
Even the most experienced bus drivers are not immune to accidents or disastrous collisions. In truth, all it takes is one glance away from the steering wheel for a catastrophic bussing accident to happen.
Typically, in South Carolina, accidents involving buses are often caused by one of the following:
- Distracted driving, such as the bus driver texting and driving or eating while driving.
- A bus driver or another motorist driving under the influence of drugs or alcohol.
- Poor road conditions, such as potholes or road construction issues.
- Bus defects or other maintenance issues.
- Aggressive bus drivers.
- Bus drivers not following traffic laws, not yielding to the right of way, not stopping at red lights or stop signs.
- Fatigued bus drivers.
- Unqualified bus drivers.
How Do You Prove Fault in South Carolina Bus Accidents?
- The liable party owed you a duty of care;
- The liable party breached this duty of care; and
- This breach resulted in your injuries and damages.
- Buses’ exits and entryways are safe, including making them clear of obstructions, providing adequate lighting, and securing handrails.
- Qualified bus drivers are hired.
- The bus is well maintained, including the engines, breaks, and motors.
- Bus design flaws are corrected.
Types of Damages Available Following a South Carolina Bus Accident
- Medical expenses including past, current, and future bills.
- Lost wages including past, current, and future lost wages.
- Lost earning capacity.
- Rehabilitative services, including occupational and physical therapy.
- At-home nursing care.
- Medical devices such as wheelchairs.
- Household replacement services.
- Personal property damages.
- Other out-of-pocket expenses.
- Pain and Suffering.
- Emotional Anguish.
- Loss of Companionship.
- Loss of Consortium.
- Loss of Enjoyment of Life and Activities.
- Loss of a Limb.
- Loss of Reputation.
- Physical Disfigurement.
- Scarring.
Filing a Claim Against the Government in South Carolina
Statute of Limitations for a South Carolina Bus Accident
Actions to Take After a South Carolina Bus Accident
- Contact the police: Following a bus accident, you need to call 911 immediately. Not only will Emergency Medical Services get to the scene quickly, but they can provide medical help for all those who need it. In addition, once the police arrive, they can investigate what happened and create an official report of the accident. This report could provide you with vital information if you decide to pursue a legal claim.
- Get medical help: Even if you do not need immediate medical help following a bus accident, you still need to get to a doctor and get examined. Serious injuries can remain hidden, without symptoms, and get worse over time. Consequently, these undisclosed injuries can result in debilitating damages or even death if they are not treated. That is why it can be imperative to get checked over by a medical professional. Furthermore, these doctors can also write up their findings in their medical reports, which could provide you with valuable evidence that proves and calculates your damages.
- Gather evidence: If it is safe, try to collect as much evidence from the accident scene as you can. Take pictures and videos of your visible injuries, the vehicles involved in the accident, any skid marks on the road, any traffic signs near the accident scene, weather conditions at the time of the crash, and any dangerous conditions.
- Speak to witnesses: If any people at the accident scene saw what happened, make sure to get their name and contact information. Their statements and pictures could provide you with essential evidence that could help show what happened and who was at fault.
- Driver information: Following the accident, get the bus driver’s name, contact information, bus number identification, driver’s license number, and insurance information.
- Contact a South Carolina bus accident lawyer immediately: Following your bus accident, you need to promptly contact a bus accident lawyer. These attorneys can quickly start investigating the accident, figuring out what happened, who was at fault, and going after all those liable for your injuries.
Call a South Carolina Bus Accident Lawyer at Hughey Law Firm Today
- Discuss what happened, answer any questions you have, and go over your legal options.
- Conduct a thorough investigation of the accident, gather critical evidence, and interview relevant witnesses who can help show liability and damages.
- Bring in the experts, including accident reconstructionists, engineers, economists, and doctors who can recreate the accident, show what happened, and strengthen your claim.
- Handle the negotiation process with the insurance company, ensuring that your case is treated fairly.
- If the other side is unwilling to negotiate, take your case to trial and fight for maximum compensation.
Call the Hughey Law Firm’s South Carolina Bus Accident Attorneys Today
If you or a family member was injured in a South Carolina bus accident, do not wait any longer; contact the Hughey Law Firm today and let our personal injury attorneys fight for the compensation and justice you deserve. You can reach us for your free consultation at (843) 881-8644 or by writing us through our online contact page.
Frequently Asked Questions
How can I show that I was injured in a South Carolina bus accident?
To receive compensation following a bus accident, you need to prove damages. Specifically, you need to show how you were injured and the extent of these injuries. The best way to show these damages is through medical records. That is why, even if you do not think your injuries are serious, you need to see a medical professional.
The medical records that these doctors create can provide you with the evidence you need to show that you were injured because of the bus accident, the extent of these injuries, as well as the type of treatments you will need now and in the future. In addition, this report can be extremely valuable if the other side tries to argue that you received your injuries in a subsequent event and not from the bus accident.
If I was a passenger in another vehicle that was in a South Carolina bus accident, can I sue?
Following an accident in South Carolina, you could sue any party that was potentially at fault for your accident. That means if you were involved in a bus accident, the potential at-fault parties you can pursue legal action against can include the driver of the vehicle you are in, motorists of other vehicles involved in the crash, the bus driver, the bus company, or any other person or entity that was responsible for the accident and your injuries. Contact an attorney today to see if you can make a claim.
If I am a bus passenger in South Carolina, does the bus owe me any special protections?
When an individual is performing an activity for which they have training or special skills, they are held to a higher standard of care; specifically, one that requires them to act as a reasonable person would with their practice or abilities. Additionally, these special duties of care apply when there is a special relationship between the individual who owes the duty of care and the individual who benefits from this duty. Consequently, because buses are considered common carriers, they owe passengers a higher duty of care.
If I was walking in a crosswalk and hit by a bus in South Carolina, do I have any rights?
As a pedestrian in South Carolina, you have a right to claim any injuries you suffered because of another person’s intentional actions or negligence. This means if you were hit by a bus as you were crossing the road, you could pursue legal action against that bus driver, the bus company, or any other liable party or entity that was responsible for your accident and your injuries.
How much money could I collect in a bus accident lawsuit?
Unfortunately, too many factors go into determining the value of a South Carolina bus accident claim. As a result, no attorney can tell you exactly how much money you can collect following your accident.
Some of these factors include:
- The extent of the victim’s injuries (for example, if the injuries included a traumatic brain injury or a spinal cord injury).
- The types of treatments required.
- Whether future medical treatments are needed.
- Whether there is a permanent disability.
- Whether the victim can work following the accident.
- Whether the victim can ever return to work following the accident.
- The amount of lost wages.
- The amount of pain and suffering the victim has suffered.
- Whether the victim can perform everyday routine daily tasks or activities.
- Whether the victim missed out on important moments in their life because of the injuries they suffered.
- Whether the victim now needs additional services such as child care help because they can no longer handle these activities on their own.
When you work with the Hughey Law Firm, our attorneys could go over all of these factors, figure out which ones can impact your claim, and prepare a case in response—going after maximum damages.
If I am involved in a South Carolina bus accident, who pays for my medical bills?
In South Carolina, if you have been injured in an accident, the liable party’s insurance company would generally owe you the total cost of all your accident-related medical care. However, because a settlement with the insurance company can take quite a long time, you can also have your health insurance cover your injuries after a bus crash. Just know that you will still be responsible for any copays or deductibles, but the health insurance company can cover the rest of the costs depending on your specific plan. The liable party’s insurance company could reimburse you
for these medical costs once you settle with them.
Because of South Carolina’s subrogation laws, if the health insurance company paid for your medical costs, they most likely will have you pay these expenses back once you receive any settlement from the insurance company. This subrogation law explicitly prevents victims from receiving compensation twice for one loss.
Working with the Hughey Law Firm during this process can help you tremendously. Our attorneys could not only help you figure out who can pay for your medical bills, but we could also walk you through this subrogation process and, in some instances, even negotiate down how much you have to repay. This may mean a larger payout for you.
If the insurance company is calling me, following my South Carolina bus accident, should I talk to them?
Many people assume that following an accident, the insurance company wants to help them. Unfortunately, these assumptions are not necessarily true. Insurance companies are businesses that want to make a profit. Consequently, insurance adjusters may try any tactic they can to get you to admit to any fault for the accident so that they can deny your claim or reduce the amount of money they offer you.
That is why if the insurance company is calling, it is in your best interest to provide them with only basic details and let them know that any future conversations will be through your attorney. Once the Hughey Law Firm takes over these discussions, our lawyers can help ensure that you do not say anything that could hurt your case, as we go after compensation that is fair to you.
If the insurance company is offering me a settlement amount, should I accept it?
Following an accident, any compensation may feel like a blessing, especially as the medical bills continue to pile up. However, it can be essential to realize that when the insurance company offers you a settlement amount shortly after your bus accident, they may be trying to get the matter resolved as quickly as possible and for as little money as they can.
Remember, if you accept the first settlement amount, you do not get to fight for additional compensation in the future. That is the case, even if this amount does not cover all of your current medical expenses, future medical costs, or other damages you may not even realize you have.
If the insurance company offers you a settlement amount, make sure to talk to the Hughey Law Firm before accepting anything. Our attorneys could help you determine if this amount is fair to you, and if it is not, we could fight for a settlement amount that is.
Is the school district liable for school bus accidents?
If your child was injured in a school bus accident, the school may be liable for your child’s injuries. Generally, the school has a burden of caring for the children entrusted to them during the school day. This includes transportation on a school bus to and from the school.
More specifically, a school has a duty to:
- Follow state regulations regarding the transportation of their students.
- Provide transportation that is safe for all of their students.
- Staff buses with qualified drivers who can care for the students on the bus.
- Make sure to maintain the school buses in good condition, as well as inspect them regularly.
- Ensure that bus drivers check the bus regularly, ensuring that the bus is safe to transport children and that safety equipment is in working order.
However, determining that a school may be held vicariously liable for their employee’s (bus driver) negligence requires a thorough understanding of these specific South Carolina laws. That is why working with the Hughey Law Firm can be an effective way of figuring out if you could hold a school liable for your child’s school bus accident injuries.
What if I do not know how the South Carolina bus accident happened?
Quite often, following a bus accident, victims have no idea what happened or who caused the accident. In truth, many times following bus crashes, victims are quickly rushed off to a hospital before they can even begin gathering any evidence from the accident scene, talking to witnesses, or getting driver information. That is why determining fault following a bus accident can require a thorough investigation by a bus accident attorney.
At the Hughey Law Firm, our attorneys know what type of evidence is required to prove liability following these types of accidents. That is why once retained, we can get to work obtaining critical reports such as medical or police reports that can show what happened and who was at fault. Our lawyers can also interview others involved in the crash, such as other motorists, eyewitnesses, or passengers who could help us determine who was responsible for the accident.
If the bus accident resulted from a faulty part or a mechanical failure, we can also bring in an expert to conduct the investigation and figure out if certain entities were responsible for the defects and, consequently, the bus crash.