A bus accident attorney in Mount Pleasant starts with a question that decides how the whole case proceeds: was the bus government-owned or privately operated?
That single fact changes the deadlines, the damage limits, and the steps a claim must follow. A privately owned bus claim follows ordinary South Carolina injury rules, while a government-owned bus claim runs under a separate statute with stricter requirements.
A Mount Pleasant bus accident lawyer sorts out which path applies before the clock runs.
Buses on Mount Pleasant roads come in many forms. CARTA transit buses, school buses, hotel and resort shuttles, and private charter buses all share US-17 and the area's main corridors.
Some of those buses are operated by government entities, and some by private companies. The owner and operator determine whether a claim follows the ordinary injury rules or the South Carolina Tort Claims Act.
Identifying the owner is therefore an early and important step. A claim built on the wrong assumption about ownership can miss a deadline or a required step that cannot be undone later.
When a bus is privately owned and operated, a claim generally follows the same rules as other injury cases. The injured person has three years from the date of the crash to file suit under S.C. Code 15-3-530.
Liability follows ordinary negligence principles, and South Carolina's modified comparative negligence rule under S.C. Code 15-38-15 applies. You can recover if your share of the fault is 50% or less, with your award reduced by your percentage.
These claims can name the driver, the bus company, and sometimes a maintenance provider. They proceed much like a commercial vehicle case, without the special government procedures.
When a bus is government-owned, the claim runs under the South Carolina Tort Claims Act, S.C. Code 15-78-10 and following. The rules are stricter, and the deadlines are shorter.
The deadline to file suit is two years from when the loss was or should have been discovered under S.C. Code 15-78-110, shorter than the general three-year period. If a verified claim for damages is filed first, that period can extend to three years.
A verified claim for damages may be filed with the entity and must be received within one year of discovery under S.C. Code 15-78-80. After filing, you generally cannot sue until 180 days pass, the claim is denied, or a settlement is reached.
The Tort Claims Act also limits what a government claim can recover. Damages are capped at 300,000 dollars per person and 600,000 dollars per occurrence under S.C. Code 15-78-120.
The Act does not allow punitive damages or prejudgment interest against a government entity. These limits do not apply to a purely private bus claim, which is another reason ownership matters so much.
A serious bus crash can cause severe injuries that send victims to MUSC Health in Charleston, the region's only Level I trauma center. The caps mean that identifying every responsible party, public or private, can be important to fully addressing those losses.
Because so much turns on ownership, one of the first tasks in a bus case is confirming who owned and operated the bus. The markings on the bus, the insurance information exchanged at the scene, and the police report all help answer that question.
A school bus, for example, is usually tied to a public school district, which points toward the Tort Claims Act. A hotel shuttle or a private charter, on the other hand, is typically a private company subject to the ordinary rules.
Some situations involve both public and private parties, such as a crash between a transit bus and a private vehicle. In those cases, more than one set of rules can apply at once, and each responsible party is evaluated under the framework that fits it.
| Feature | Private bus claim | Government bus claim |
|---|---|---|
| Deadline to sue | Three years | Two years (Tort Claims Act) |
| Pre-suit claim step | None required | Verified claim within one year |
| Damage limits | Ordinary rules | Capped; no punitive damages |
It depends on who owned and operated the bus. A privately owned bus claim follows ordinary injury rules, while a government-owned bus claim follows the SC Tort Claims Act.
Claims against a government entity run under the SC Tort Claims Act, with a two-year limit under S.C. Code 15-78-110, shorter than the general three-year deadline.
Yes. The SC Tort Claims Act caps damages at 300,000 dollars per person and 600,000 dollars per occurrence under S.C. Code 15-78-120.
No. The SC Tort Claims Act does not allow punitive damages or prejudgment interest against a government entity.
It is a claim that may be filed with the government entity and must be received within one year of discovery under S.C. Code 15-78-80.
Identifying the owner and operator is an early step. Transit, school, and shuttle buses can be public or private, which changes the rules that apply.
Getting the public-versus-private question right at the start protects a bus accident claim from a missed deadline or step.
The Arndt Law Firm helps injured passengers and other victims in Mount Pleasant and across Charleston County identify the owner, apply the right rules, and pursue the claim, and also serves clients who need a South Carolina personal injury lawyer statewide.
Your consultation is free, and you owe no fee unless we recover. Reach us at 843-310-4645 or our contact page to get started.
Last reviewed: July 2026
This post was reviewed by Jonathan S. Arndt, licensed in South Carolina since 2018.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Arndt Law Firm. Every case is different; for advice about your situation, speak with a licensed attorney.
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