Detailed Answer
In Washington, a passenger injured in a bus accident may recover damages by pursuing a personal injury claim against the at-fault parties. Below are key steps to guide you through the process under Washington law.
1. Seek Immediate Medical Care
Prioritize your health. Obtain a medical evaluation and treatment. Document all injuries, diagnoses, treatments, and related expenses. Medical records serve as critical evidence of your injuries and their severity.
2. Report the Accident
Notify the bus operator or transit authority in writing as soon as possible. Request a copy of the accident report. For public buses operated by a government entity, a formal “notice of claim” may be required under the Washington Tort Claims Act.
3. Identify Potentially Liable Parties
Liability may rest with:
- The bus driver (for negligent or reckless driving).
- The bus company or transit agency (for negligent hiring, training, or maintenance).
- Third parties, such as other drivers, manufacturers of defective bus parts, or maintenance contractors.
4. Provide Notice for Claims Against Government Entities
If the bus is publicly owned or operated by a government agency, you must file a claim under the Washington Tort Claims Act. RCW 4.96.020 requires that your claim be presented within one year of the accident. See RCW 4.96.020.
5. Gather and Preserve Evidence
Collect the following:
- Photographs of the accident scene, vehicle damage, and visible injuries.
- Contact information for witnesses and first responders.
- Maintenance logs and inspection records, if available.
- Cameras or surveillance footage from the bus or nearby buildings.
6. Consult a Personal Injury Attorney
A qualified Washington personal injury lawyer can assess your case, calculate damages, and negotiate with insurers. They understand state rules on comparative negligence, which may reduce your recovery if you share fault.
7. File a Lawsuit Within Washington’s Statute of Limitations
Most personal injury claims, including bus accidents, must be filed within three years. See RCW 4.16.080. Failing to file on time usually results in dismissal.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Keep a detailed injury journal documenting pain levels and recovery progress.
- Retain all medical bills, prescriptions, and receipts for out-of-pocket expenses.
- Do not sign any insurance company waivers or release forms without consulting your attorney.
- Preserve damaged clothing and personal items as potential evidence.
- Ask witnesses to provide written statements as soon after the accident as possible.
- Track wage loss by saving pay stubs and documenting missed work.
- Review the bus company’s safety record online for prior incidents.