Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In South Carolina, proving fault in a bus crash requires you to meet the four elements of negligence: duty, breach, causation, and damages. You must also comply with the strict contributory-negligence rule: if you are even slightly at fault, you cannot recover any damages.
1. Duty and Breach
Every motorist owes a duty of reasonable care under S.C. Code Ann. § 56-5-2930. Bus operators must follow state and federal safety regulations, including pre-trip inspections and speed limits. Evidence of a breach may include:
- Bus driver logs and maintenance records showing skipped inspections or overdue repairs.
- Video footage (dashcams, traffic cameras) capturing speeding, unsafe lane changes, or distracted driving.
- Expert testimony on proper bus-maintenance standards and driver training requirements.
2. Causation
You must link the driver’s breach directly to your injuries. Causation evidence can include:
- Accident reconstruction reports explaining how the breach led to the crash.
- Photographs of the scene, skid marks, vehicle damage, and road conditions.
- Witness statements confirming the bus’s speed, signaling, or erratic maneuvers.
3. Damages
South Carolina law allows recovery for economic and non-economic losses. To prove damages, gather:
- Medical records and bills documenting treatment for injuries.
- Receipts for prescription medications and medical devices.
- Pay stubs or tax records showing lost wages and reduced earning capacity.
- Photographs of injuries and scars for non-economic claims like pain and suffering.
4. Statute of Limitations
Under S.C. Code Ann. § 15-3-530, you generally have three years from the crash date to file a personal injury lawsuit. Missing this deadline can bar your claim entirely. See the statute here: S.C. Code Ann. § 15-3-530.
Helpful Hints
- Preserve evidence immediately: photograph the scene, store vehicle parts, and record witness contacts.
- Obtain the police report promptly; it often contains citations and initial fault determinations.
- Consider hiring an accident-reconstruction expert early to document critical evidence before it degrades.
- Track all medical appointments and expenses in a single file to simplify damage calculations.
- Keep a detailed pain diary describing how injuries affect daily life; this supports non-economic damage claims.
- Watch deadlines carefully. South Carolina’s strict timelines and contributory-negligence bar make punctual filings and thorough preparation essential.