Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
After a bus accident in Washington, you can pursue compensation for medical bills, lost wages, pain and suffering, and other losses through a personal injury claim. The process varies depending on whether the bus is operated by a public transit agency or a private company.
1. Seek Medical Treatment Immediately
Get prompt medical attention for all injuries. Keep records of diagnoses, treatments, medication, and therapy. These records form the basis of your claim for damages.
2. Preserve Evidence
Collect and preserve evidence at the scene: photos of damage, skid marks, road conditions, and your injuries. Obtain contact details for witnesses and the driver. Request a copy of the police report.
3. Identify the Defendant
If the bus belongs to a public transit authority (for example, Sound Transit, King County Metro), your claim falls under the Governmental Tort Claims Act (RCW 4.96.020). If the bus is privately owned, you pursue a standard negligence claim in civil court under the Statute of Limitations (RCW 4.16.080).
4. File a Notice of Claim (Public Entities)
Before suing a public transit agency, you must file a written Notice of Claim within 60 days of the accident under RCW 4.96.020. The notice must include:
- Date, time, and location of the accident.
- Description of injuries and damages.
- Name and address of the injured person.
The agency then has 60 days to accept or reject your claim. If it rejects or fails to respond, you may file a lawsuit.
5. File a Lawsuit (Private and Public Entities)
Once you have completed the notice requirement (for public entities) or if you are pursuing a private bus claim, file your complaint in the appropriate Washington State court within three years of the accident per RCW 4.16.080. Late filings risk dismissal of your case.
6. Engage in Settlement Negotiations or Litigation
After filing, you and the defendant may exchange evidence (discovery) and negotiate a settlement. If you cannot reach an agreement, your case proceeds to trial, where a judge or jury decides your compensation.
Helpful Hints
- Document every medical visit and expense, including transportation to appointments.
- Keep a journal of your pain level, emotional distress, and limitations in daily activities.
- Get a copy of the bus company’s incident report and any internal investigation findings.
- Never admit fault at the scene; stick to factual descriptions when speaking to insurers.
- Consult an attorney before signing any release or settlement offer.
- Track witness statements and follow up to confirm their availability for trial, if needed.