Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

1. Establishing Negligence in West Virginia

To prove fault in a West Virginia bus crash, you must show four elements of negligence:

1. Duty: The bus operator owed a duty of care to passengers and other road users. Under West Virginia law, all drivers must operate motor vehicles safely under W. Va. Code § 17C-11-2.
2. Breach: The driver breached that duty by acting unreasonably—such as speeding, distracted driving, or violating traffic laws.
3. Causation: The breach directly caused the crash. You need evidence showing the driver’s actions were the proximate cause of your injuries or property damage.
4. Damages: You suffered actual losses—medical bills, lost wages, pain and suffering, or property damage.

2. Key Evidence to Prove Fault

• Police Reports: Obtain the official crash report detailing statements, citations, and preliminary fault assessments.
• Witness Statements: Secure contact information and sworn statements from passengers and bystanders.
• Video Footage: Look for dashboard cameras, surveillance cameras, or traffic cameras that captured the incident.
• Driver Logs and Company Records: Request the bus company’s maintenance records, driver qualification files, and hours-of-service logs under federal regulations.
• Accident Reconstruction Experts: Use specialists to analyze skid marks, vehicle damage, and scene measurements.
• Weather and Road Conditions: Document police weather reports, photos of road signs, guardrails, and skid patterns.

3. Evidence to Prove Damages

• Medical Records and Bills: Collect emergency room reports, treatment records, and itemized medical bills.
• Lost Wage Documentation: Obtain employer statements and pay stubs to calculate lost income.
• Property Damage Estimates: Get repair invoices or fair market valuations for damaged personal property.
• Expert Opinion: Submit medical expert declarations on long-term prognosis and future care costs.
• Photographic Evidence: Include before-and-after photos of injuries and vehicle damage.

4. West Virginia’s Comparative Negligence Rule

West Virginia follows a modified comparative negligence system. Under W. Va. Code § 55-7B-3, you can recover damages as long as you are less than 50% at fault. Your award is reduced by your percentage of fault.

5. Statute of Limitations

You have two years from the crash date to file a personal injury suit under W. Va. Code § 55-2-12. Missed deadlines can bar your claim.

6. Steps to Preserve Evidence

1. Immediately photograph the crash scene, vehicles, and injuries.
2. Send a written preservation letter to the bus company and insurance carrier.
3. Keep all medical, repair, and expense documents organized.
4. Follow up with police and request supplemental reports if new evidence emerges.

Helpful Hints

• Engage an attorney early to guide evidence collection and meet deadlines.
• Obtain the bus company’s Federal Motor Carrier Safety Administration (FMCSA) inspection reports.
• Use a neutral expert for accident reconstruction and medical causation.
• Keep a detailed journal of pain levels, medications, and recovery milestones.
• Monitor social media for potential witness posts or videos.