Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Proving Fault Under Washington Law
Washington personal injury claims rely on negligence. To prove negligence in a bus crash, you must show: duty, breach of that duty, causation, and damages. Bus drivers owe a high duty of care to passengers and other road users under Washington’s traffic laws (see RCW Title 46.61).
Key elements:
- Duty: Every driver must operate a vehicle safely and obey traffic rules.
- Breach: Evidence the bus driver violated a statute (e.g., speeding, failing to yield) or standard of care.
- Causation: Proof the breach directly caused the crash.
- Damages: Actual losses, such as medical expenses and lost wages.
2. Common Types of Evidence
- Accident Reports: The police collision report often contains citations, diagrams, and witness summaries.
- Photographs and Video: Surveillance cameras, cell-phone footage, and dash cams capture the crash scene.
- Eyewitness Statements: Contact information and sworn statements from passengers or roadside witnesses.
- Bus Company Records: Driver logs, maintenance records, vehicle inspection reports, and internal incident reviews.
- Expert Analysis: Reconstruction specialists can model the crash and show how it occurred.
3. Proving Damages
To recover compensation, you must document financial and non-financial losses:
- Medical Records: Treatment notes, hospital bills, and physical therapy invoices.
- Lost Income: Pay stubs, wage statements, and a letter from your employer confirming missed work.
- Property Damage: Repair estimates or invoices for damaged personal property.
- Non-Economic Losses: Pain and suffering, emotional distress, and loss of enjoyment of life may require expert testimony.
4. Washington Statutes on Comparative Fault and Deadlines
Washington follows a pure comparative fault rule. You can recover damages even if you share some fault, but your recovery reduces by your percentage of fault. See RCW 4.22.015.
Personal injury claims in Washington have a three-year statute of limitations. File your lawsuit by the deadline in RCW 4.24.010, or you risk forfeiting your right to sue.
Helpful Hints
- Preserve all evidence promptly: photos, videos, and witness contacts.
- Seek medical attention immediately after a crash, even for minor injuries.
- Keep detailed records of all treatment, expenses, and time off work.
- Obtain a copy of the police collision report as soon as it becomes available.
- Consult an attorney early to ensure your evidence is collected correctly and deadlines are met.
- Do not sign any releases or waivers without legal review.