What if I Was Hit by a Government Vehicle?
Being hit by a government vehicle in Myrtle Beach is governed by a different set of legal rules than a typical car accident claim. Sovereign immunity, shorter notice deadlines, and statutory caps on damages all affect how these cases move forward, which makes early legal guidance especially important to protect your right to compensation.
What Makes Government Vehicle Accidents Different?
Crashes involving government-owned vehicles are governed by the South Carolina Tort Claims Act instead of standard personal injury law. The Act provides a limited waiver of sovereign immunity, permitting injured parties to bring claims against government entities under defined conditions. However, it imposes strict procedural requirements and recovery limits that do not apply to claims against private drivers.
What Constitutes a Government Vehicle?
A wide range of vehicles owned and operated by federal, state, county, or municipal entities can trigger Tort Claims Act protections. Identifying the responsible governmental body is one of the first steps our lawyers take when evaluating these cases:
- City of Myrtle Beach police cruisers and patrol vehicles
- Horry County Sheriff’s Office vehicles
- South Carolina Highway Patrol cars
- Public school buses operated by Horry County Schools
- Municipal sanitation, public works, and maintenance trucks
- Fire department engines and ambulances
- State-owned vehicles operated by Department of Transportation employees
- Federal postal service trucks and other federal fleet vehicles
Determining Fault Considering Government Immunity
Sovereign immunity historically shielded government entities from liability, but South Carolina has waived that protection in many circumstances involving employee negligence. The injured party must still prove the government driver was acting within the scope of employment and that the conduct was not protected by one of the discretionary exceptions written into the Tort Claims Act, which can complicate fault analysis considerably.
Deadlines in Government Liability Cases
You generally have two years from the date of the accident to file a lawsuit against a government entity in South Carolina, or three years if you filed a verified claim with the agency first. Failing to meet the notice requirements can permanently bar your recovery, regardless of how clear the negligence may be.
Damages and Compensation Caps
South Carolina Code Section 15-78-120 caps recovery against a government entity, limiting damages to $300,000 per person and $600,000 per occurrence in most cases. Within those statutory ceilings, accident victims may still pursue several categories of compensable losses:
- Medical bills and future healthcare costs
- Lost wages, overtime, commissions, and benefits
- Diminished earning capacity
- Pain and suffering
- Property damage to your vehicle
- Out-of-pocket costs related to the crash
Why You Need a Conway Car Accident Lawyer
Government claims involve procedural traps that can quietly destroy an otherwise strong case. Our attorneys handle the technical requirements that distinguish these claims from ordinary collision cases:
- Identifying every potentially liable governmental entity
- Filing verified claims within statutory windows
- Gathering dashcam, body camera, and dispatch records
- Countering discretionary function defenses raised by the government
- Calculating damages within the applicable Tort Claims Act caps
Protect Your Rights After a Government Accident
Going up against a city, county, or state agency can feel daunting when you are already dealing with injuries and mounting bills. Still, the law gives you a real path to accountability when a government driver causes your wreck.
Call Kinon Law Firm at 843-488-9191 or contact us online to schedule a free consultation with our Conway government vehicle accident attorneys, who will evaluate the circumstances of your crash and explain the strongest route to compensation under the Tort Claims Act.
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