Detailed Answer
Disclaimer: This information is educational only and does not constitute legal advice.
After a bus accident in Virginia, injured passengers can seek compensation by filing a personal injury claim. You must follow precise steps and meet strict deadlines under Virginia law.
1. Seek Medical Care and Document Injuries
Obtain prompt medical treatment. Preserve all medical records, bills and doctor notes. These documents prove your injuries and related expenses.
2. Identify the Proper Defendant
The responsible party may be a private bus company, a public transit agency or the bus driver. Claims against governmental entities require special notice under the Virginia Tort Claims Act.
3. Serve a Notice of Claim (Government Bus)
If a city, county or state agency operates the bus, you must file a written notice of claim within one year of the crash. See Va. Code § 8.01-195.3.
4. Observe the Statute of Limitations
You generally have two years from the accident date to file a lawsuit in Virginia. Missing this deadline will likely bar your claim. See Va. Code § 8.01-243.
5. Beware of Contributory Negligence
Virginia applies a strict contributory negligence rule: any fault by the passenger, even 1%, can prevent recovery. Review Va. Code § 8.01-229.
6. File Your Lawsuit and Conduct Discovery
Draft and file a complaint in the appropriate Virginia circuit court. Exchange evidence with the defendant and collect bus maintenance logs, driver records, witness statements and video footage.
7. Negotiate Settlement or Proceed to Trial
Present your damages—medical bills, lost wages and pain and suffering—in settlement discussions. If the parties cannot agree, prepare for trial.
Helpful Hints
- Keep a detailed accident diary with dates, times and symptoms.
- Photograph the bus, crash scene and your injuries immediately.
- Collect contact information for all eyewitnesses at the scene.
- Save every communication with insurers and the bus operator.
- Consult an attorney promptly to understand your rights and duties.