Every morning, parents in Summerville trust that their children will arrive at school safely. Children are vulnerable road users as they walk through school zones or board buses on Dorchester Road. When an accident occurs, the emotional and physical toll is immense.
At Crantford Meehan, we understand the anxiety following a school-related accident. Our legal team advocates for families in Summerville and Dorchester County, helping clients handle child injury claims.
Understanding School Bus Accident Liability in South Carolina
Determining who is responsible for a school bus accident is difficult. It is often more complex than a standard car accident claim. Because school buses are typically operated by government entities, specific laws apply.
The Challenges of Government Entities
In South Carolina, claims against public schools are governed by the South Carolina Tort Claims Act (SCTCA). This law governs claims against government entities and limits damages to $300,000 per person and $600,000 per occurrence. Punitive damages are barred under the South Carolina Tort Claims Act.
Potential Liable Parties
Liability may extend to several parties depending on the crash circumstances:
- The School Bus Driver: The driver or school district may be liable if the driver was distracted or speeding.
- The School District: The district is responsible for hiring, training, and supervising its drivers.
- Third-Party Bus Contractors: Private companies sometimes manage bus fleets. These companies may be responsible for maintenance or driver errors.
- Other Negligent Motorists: Many accidents occur when drivers fail to stop for flashing red lights. Others speed through school zones.
- Manufacturers: A manufacturer may be accountable if a mechanical failure caused the accident. This includes defective brakes or tires.
Common Causes of School Zone and Bus Accidents
Understanding how these accidents happen is the first step in building a legal case.
Driver Error and Distraction
School zones require careful driving. Drivers who speed or use their phones put children at risk. They also fail to yield to pedestrians in crosswalks. Similarly, bus drivers must manage a large vehicle. They often deal with the distractions of a bus full of students.
The “Danger Zone”
The “Danger Zone” is the 10-foot area around a school bus. Children are at risk here. Drivers often cannot see them in this area. Additionally, passing motorists may illegally pass the bus arm. Under South Carolina law (S.C. Code Ann. § 56‑5‑2770), drivers must stop for school buses displaying flashing red lights and an extended stop arm.
Mechanical Failures and Route Planning
Buses require regular maintenance. A failure in the safety arm or braking system can lead to serious accidents. Additionally, route planning matters. An entity may be negligent if it places a bus stop in a high-traffic area.
Protecting Your Child’s Rights After a Summerville Accident
If your child is injured, taking the right steps can protect their health. It also protects their future legal claim.
- Seek Medical Attention: Some injuries, like concussions, are not immediately apparent. A medical record provides essential evidence.
- Document the Scene: Take photos of the accident site and the bus. Include any other vehicles involved.
- Avoid Early Statements: Insurance adjusters may contact you quickly. Do not give a recorded statement until you consult an attorney.
Types of Recoverable Damages
Families may be entitled to compensation for:
- Medical Expenses: This includes emergency room visits, surgeries, and physical therapy. It also covers future medical needs.
- Pain and Suffering: Compensation for the physical pain and emotional distress the child endured.
- Emotional Trauma and PTSD: Many children suffer from long-term anxiety after an accident. They may fear buses and traffic.
- Disability or Permanent Impairment: This applies if the injury results in long-term changes to the child’s quality of life.
Why Local Representation Matters in Summerville
Handling a child injury case requires knowledge of the local area. Our attorneys understand the challenges of driving in Summerville. We know the congestion on Main Street and the busy school zones in Dorchester County. Furthermore, we understand how local courts operate. We know how to present a case to a Dorchester County jury. We have personal injury lawyers in Charleston and Summerville ready to help with your case.
How Crantford Meehan Advocates for Injured Children
At Crantford Meehan, we prepare every case for trial. We do not just settle. Both partners, William Crantford and Jerry Meehan Jr., graduated from the Trial Lawyers College. This program focuses on trial advocacy. Additionally, Jerry Meehan Jr. holds an AV Preeminent rating from Martindale-Hubbell.
Our attorneys have handled complex cases involving heavy vehicles, including a $2.35 million settlement for a tractor‑trailer accident and a $1 million settlement for a collision on I‑26. Our legal team brings this experience to every school bus accident case.
We offer 24-hour availability to our clients. We know that emergencies do not just happen during business hours. Furthermore, we work on a contingency fee basis. You pay nothing unless we recover compensation for your family.
Frequently Asked Questions
Can I sue the school district if my child was hurt on a bus?
Yes. However, these cases are governed by the South Carolina Tort Claims Act. This law has specific rules and caps on damages.
What if another driver hit the school bus?
You can pursue a claim against the driver’s insurance policy. Sometimes, you may have claims against both the driver and the school district.
How long do I have to file a claim for a school bus accident in SC?
The statute of limitations is generally two years. However, it can be extended to 3 years with a verified claim. You must file this claim within one year. It is important to consult an attorney quickly to help you meet these deadlines.
What is the “Danger Zone” in school bus safety?
It is the 10-foot area around the bus. The driver has limited visibility here. Most injuries occur in this zone during boarding and exiting.
What should I do if the school district offers a settlement immediately?
An attorney should review any settlement offer. Early offers often fail to account for long-term needs. This includes medical and emotional care for an injured child.
Contact Crantford Meehan School Bus Accident Lawyer Today
If your child was injured in a school zone, you do not have to face the legal process alone. Contact Crantford Meehan today for a free consultation. Visit our Summerville office at 136 W. Richardson Avenue, Summerville, SC 29483. Call (843) 832-1120 anytime to discuss your case.
