Detailed Answer
If you suffer injuries as a passenger in a West Virginia bus accident, you may recover compensation by filing a personal injury claim against the at-fault parties. West Virginia law treats passengers as “occupants” under negligence principles. To pursue compensation, follow these key steps:
- Seek Immediate Medical Care. Document all injuries and treatments. Medical records form the foundation of your claim.
- Report the Accident. Request a police or incident report. This establishes an official record of the collision and initial fault findings.
- Identify Liable Parties. In a bus crash, liability may rest with the driver, the bus operator or owner, a maintenance contractor, or a manufacturer if a defect contributed to the accident.
- Notify Insurers. Under West Virginia’s mandatory auto liability system, bus companies must carry minimum coverage of $25,000 per person and $50,000 per accident (WV Code § 17C-15-1). Submit a claim to the bus operator’s insurer promptly.
- Preserve Evidence. Keep medical bills, receipts, photos of injuries and scene, witness statements, and the accident report. This evidence supports your claim for damages such as medical expenses, lost wages, and pain and suffering.
- Watch the Statute of Limitations. Most personal injury lawsuits in West Virginia must be filed within two years after the accident (WV Code § 55-2-12). Missing this deadline typically bars your right to sue.
- File a Lawsuit in Circuit Court. If the insurer’s settlement offer is inadequate, file your suit in the county where the accident occurred. Your lawsuit should detail negligence, causation, and damages.
- Calculate Damages. Recoverable damages include all reasonable medical costs, future care, lost income, and non-economic losses such as pain and suffering. Under West Virginia law, juries may award damages in personal injury cases based on proof of negligence (WV Code § 55-7-1).
- Consider Professional Help. Although not required, consulting an attorney experienced in West Virginia personal injury law can help you navigate complex procedural rules and negotiate effectively with insurers.
Helpful Hints
- Gather and preserve evidence immediately: photos, witness names, medical records.
- Keep a detailed journal of pain levels, doctors’ visits, and out-of-pocket expenses.
- Obtain a complete copy of the police or incident report for accuracy.
- Notify all relevant insurers in writing, including your own auto or health insurance carrier if applicable.
- Note important deadlines, including the two-year filing window under WV Code § 55-2-12.
- Consult a personal injury attorney early to assess liability and damages accurately.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in West Virginia to discuss your specific situation.