How Does a Car Accident Involving a Government Vehicle or Police Cruiser Differ Legally?
When you get into a car accident, there is a process that must be followed. You get information from the other driver, contact your insurance company, and get your vehicle fixed and your injuries taken care of. You then have three years under South Carolina state law to file a claim for compensation.
While that’s generally the process, things are different when a police cruiser or other government vehicle is involved. In South Carolina, car accidents involving a government vehicle are governed by the South Carolina Tort Claims Act (SCTCA). This law creates a limited waiver of sovereign immunity, meaning individuals can bring claims against government agencies for negligence. However, there are some specific procedures involved as well as some limitations.
If you fail to follow the laws, you will be barred from recovering any sort of compensation. Don’t let that happen to you. Here is what you need to know.
Understanding the South Carolina Tort Claims Act
For decades, South Carolina residents had little recourse if they were harmed by the negligence of a government employee. Under sovereign immunity, cities, counties, and state agencies were fully protected from lawsuits, and their employees could not be sued for actions taken while performing official duties.
That changed in 1986 when the South Carolina General Assembly passed the South Carolina Tort Claims Act (SCTCA). This law created a limited waiver of sovereign immunity, giving individuals the ability to pursue claims against government entities. It also places important restrictions on when and how such lawsuits can proceed.
Key features of the SCTCA include:
- Claims are allowed against state agencies, counties, municipalities, and other government bodies. Lawsuits must be filed against the government entity and not the individual employee.
- Victims can seek compensation for injuries or damages caused by a government employee’s negligence while performing official duties. However, intentional misconduct and certain discretionary actions may still be immune from liability.
- Compensation is limited. The maximum recovery is $300,000 per person and $600,000 per occurrence, regardless of the number of victims. Importantly, punitive damages are not allowed.
- The SCTCA has a shorter statute of limitations than most personal injury cases. Claims must generally be filed within two years, or within three years if a verified claim is filed within one year of the incident.
- Before suing, claimants may need to provide a formal written notice to the government agency, outlining the facts of the claim.
- Special rules apply to police officers, firefighters, and EMTs. If they were responding to an emergency, liability may be limited unless their actions were reckless or grossly negligent.
Navigating these procedures can be challenging, and missing deadlines or filing against the wrong party could result in losing your right to compensation.
Because of the complexities and strict limits, it’s important to consult with an attorney experienced in government liability cases to ensure the proper steps are followed.
Contact Us Today
Car accidents involving government vehicles can be complex. Make sure you follow the proper procedures.
The Charleston car accident lawyers from Wyndham Law Firm, LLC have more than 30 years of experience handling these claims. We will ensure you get fairly compensated for your losses and support you throughout this challenging time. To schedule a consultation, contact us via (843) 279-5312 or online here.