How Car Accidents With Government Vehicles Differ Legally

How Car Accidents With Government Vehicles Differ Legally

Car accidents involving government vehicles can be especially complex under South Carolina law. Every year, thousands of people are injured in traffic collisions across the state, and when a police car, fire truck, or other public vehicle is involved, additional legal rules apply. Our auto accident lawyer can explain how government vehicle claims differ from standard car accident cases and outline the steps you can take to protect your rights.

  1. Sovereign Immunity Presumptively Protects Government Vehicles

The government has sovereign immunity. It protects them from lawsuits. Police departments, fire departments, and other government agencies are generally protected by sovereign immunity, even in the event of a crash. However, the South Carolina Tort Claims Act (SCTCA) (S.C. Code Ann. § 15-78-10) provides specific exceptions that allow injured parties to pursue compensation for negligence involving government employees acting within the scope of their duties. The statute is the controlling authority for claims involving police cars, fire trucks, and other public vehicles.

  1. There are More Strict Deadlines for These Car Accident Claims

Unlike a standard auto accident case (where victims typically have three years to bring a personal injury lawsuit in South Carolina), claims against a government entity are governed by special notice and filing requirements. Under S.C. Code Ann. § 15-78-80, a claimant must file a verified claim with the appropriate agency within one year of the accident as a condition precedent to filing a lawsuit. Missing this step can bar the victim’s right to recover. You need a lawyer right away after a crash.

  1. Damages Can Be Capped Under the SCTCA

Another big difference is that car accident injury damages can be capped. The SCTCA imposes limits on the amount of compensation that can be recovered. Damages against a governmental entity are capped at $300,000 per person and $600,000 per occurrence (regardless of the number of claimants). This means that even if injuries are severe and medical bills far exceed those amounts, the plaintiff cannot recover more than the statutory cap. A lawyer can help you explore every option for recovering the maximum available compensation after a nasty crash.

  1. The Standard of Liability May Be Different (Emergency Vehicles)

Finally, South Carolina law provides special rules for emergency vehicles such as police cars, ambulances, and fire trucks. Drivers of emergency vehicles are permitted to exceed speed limits and disregard specific traffic rules when responding to emergencies, provided they use their lights and sirens in accordance with the law. However, this statute does not grant absolute immunity. Emergency vehicle drivers must still exercise “due regard for the safety of all persons.”

Call Our Florence Car Accident Attorney Today

At D. Craig Brown, our Florence auto accident lawyer is skilled, knowledgeable, and results-focused. If you were hurt in a crash with a police cruiser or another government vehicle, we can help. Contact us now or online for a complimentary case review. We handle motor vehicle crash claims in Florence and throughout all of South Carolina.