The rules governing a car accident with a government vehicle do not work the same way as they would if you had been hit by another private driver. Government entities enjoy special protection, and you need to understand these distinctions if you want to protect your rights and receive fair compensation for your injuries and losses.

What Makes Government Vehicle Accidents Different in South Carolina?

The fundamental difference between government vehicle accidents and typical collisions lies in a legal doctrine known as “sovereign immunity,” which historically prevented injured parties from suing government entities and their employees.

However, South Carolina has partially waived this immunity through the South Carolina Tort Claims Act (SCTCA), which allows individuals to pursue claims under specific circumstances, though it comes with restrictions. Under the SCTCA, you are limited in the amount you can recover to $500,000 per person per occurrence, with a maximum limit of $1,000,000 per occurrence, regardless of how many people were injured in the same accident. 

Which Vehicles Are Considered Government Vehicles?

The term “government vehicle” refers to any vehicle operated by a government employee while they are performing official duties, which means the category encompasses far more than just police cars and fire trucks. Other common examples include the following :

• City buses 
• School buses
• Police cars
• Fire department vehicles
• Department of Transportation trucks and maintenance vehicles
• Mail trucks operated by postal workers
• Garbage trucks and sanitation vehicles
• Snowplows and other weather-related equipment

When Can I Hold the Government Liable?

To hold a government entity liable for a car accident in South Carolina, you must satisfy multiple legal requirements simultaneously: 

1. That the government employee driving the vehicle was negligent
2. That they were acting within the scope of their official duties at the time of the collision
3. That their negligence directly caused your injuries and damages

Negligence can take many forms, whether it is speeding or failing to maintain a safe following distance, distracted driving or texting behind the wheel, failure to obey traffic signals and traffic laws, reckless operation of the vehicle, or driving an improperly maintained government vehicle with known mechanical defects. 

What Are the Filing Requirements and Deadlines?

You have two years from the date of the accident to file a lawsuit against a government entity, but you must also submit a verified notice of claim within one year from the date of the accident. 

The notice must include your name and complete contact information, a detailed description of exactly how the accident occurred and what happened, supporting facts and evidence that back up your version of events, and the amount of compensation you are seeking based on your damages.

How Does Federal vs. State Government Liability Differ in Charleston?

If you are hit by a federal government vehicle—such as a U.S. Postal Service truck or a vehicle operated by a federal employee performing their official duties—the Federal Tort Claims Act (FTCA) governs your claim rather than the SCTCA. 

One significant advantage of FTCA claims is that the FTCA does not impose the same damage caps that South Carolina state law does, which means you potentially could recover the full amount of your damages without state-imposed limitations.

However, FTCA claims require you to file a claim using Standard Form 95 with the appropriate federal agency before you can file a lawsuit, which means you cannot simply proceed directly to court like you might with a state claim. 

Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Can Help With Your Government Vehicle Accident Claim

If you have been injured in an accident involving a government vehicle, time is of the essence. Reach out to the experienced Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC to advocate for you and defend your rights. Call us at 843-727-6500 or fill out our online form for a free consultation to discuss what happened and how the firm can help you move forward. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.