Buses are a convenient way to get to work, to school, or to take a trip. Buses are generally viewed as a safe way to travel. However, when a bus crashes, there is a high potential for serious or even fatal injuries.
If you were hurt in a bus crash, you may be able to file a lawsuit against the bus company, a government agency, or even the manufacturer of a dangerous or defective part that caused the wreck. These claims are typically made against the at-fault party’s insurance company. Through a bus accident lawsuit, you can recover financial compensation for your medical expenses, future medical treatment, lost wages, pain and suffering, and other losses.
At Johnstone & Gabhart, we work hard to get maximum compensation for West Virginia bus accident victims. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Charleston bus accident attorney, reach out to our law offices today.
What You Need to Know about Bus Accidents
Under both federal and state law, buses are considered commercial motor vehicles (CMV). They also require a special license – a commercial driver’s license (CDL) to drive. For these reasons, buses are more tightly regulated than other types of motor vehicles.
Despite the higher level of training and regulation involved, bus accidents can and do happen. A bus might crash due to road conditions, poor weather, driver fatigue, or a mechanical failure. It may also happen due to driver negligence or recklessness – like speeding, driving under the influence of alcohol and/or drugs, or distracted driving.
Like other commercial vehicles, buses are often covered by complex layers of insurance. Various companies and individuals may share liability (responsibility) after a motor vehicle accident involving a bus injures someone else in traffic, such as a/an:
- Pedestrian
- Bicyclist
- Motorcyclist
- The occupant of a car or other vehicle (driver or passenger)
- Bus passengers preparing to board or having recently gotten off the bus
- Bus passenger on board
If you were in any of these positions when you were injured in a bus accident in West Virginia, Ohio, or Kentucky, Johnstone & Gabhart, LLP, invites you to contact us for advice and help. We offer free initial consultations. We can evaluate the circumstances of the accident, learn all we can about your injuries, and prepare to file an injury claim or lawsuit. Determining who all is responsible after a bus accident is a job for an experienced motor vehicle accident lawyer such as our knowledgeable lawyers.
We are prepared to represent you vigorously after an accidental injury involving a/an:
- City bus
- KRT (Kanawha Valley Regional Transportation Authority) bus
- School bus
- Greyhound bus or other long-distance passenger carrier
- Chartered bus
- Party bus
- Tour bus
- Airport shuttle bus
Several things to keep in mind about bus accidents include the following:
- If several people were injured on a bus, each will have his or her unique injury claim. Beware of any bus company representative who attempts to treat you as a group while offering you a quick settlement. Your individual injuries and your losses may depend on factors specific to your income, prognosis, position on a bus, manner of injury, and more.
- You may believe you have a minor injury — and a bus company representative may ask you to sign a release in exchange for a quick settlement. Beware of such tactics. Before agreeing to how serious your injuries are, you should consult with a lawyer. It may take days or weeks for you and your doctor to determine whether your neck or back injury will develop into a long-term, chronic pain ailment.
- Perhaps you are from out of state and you were on a bus that was passing through the Charleston area, where the crash occurred. It may be beneficial for you to have a local Charleston-area lawyer as well as a lawyer in your home community, where you will be recovering. We welcome the opportunity to serve as co-counsel as needed.
Filing a Lawsuit for a Charleston, WV Bus Accident
If you were hurt in a bus crash, you may be able to file a claim against the at-fault party for your losses. A personal injury lawsuit will seek financial compensation for any injuries or harm that were caused by the accident, such as:
- Broken bones
- Burns
- Traumatic brain injury
- Soft tissue injuries
This type of claim can be brought against the person or persons responsible for the accident and their insurance company. Depending on the situation, this may include the bus driver, the bus company, or a government agency responsible for the bus. In some cases, you may be able to file a lawsuit against a different entity, such as the manufacturer of a dangerous or defective product that caused the accident or another driver.
If the bus was operated by a government agency, then you may bring a claim against the government. These types of cases involve different procedures and rules. Your attorney can work with you to help you understand what needs to happen to bring a successful claim against a government entity like the Kanawha Valley Regional Transportation Authority (KRT).
Anyone who was hurt in a bus crash can file a personal injury lawsuit against the at-fault party. This may include a passenger on the bus, the driver of another vehicle, a motorcyclist, a pedestrian, or a bicyclist.
These cases are usually based on a theory of negligence, which is a type of carelessness. A bus driver might be negligent in any number of ways, such as by failing to negotiate a turn properly, driving too fast for conditions, or checking their phone while behind the wheel. Similarly, a bus company could be negligent by failing to appropriately train or supervise its drivers.
If the bus driver, bus company, or another party acted negligently, intentionally, or recklessly and caused an accident, then you may be able to file a lawsuit against them. With the help of a Charleston bus accident attorney, you can recover financial compensation for all of your losses, including:
- Property damage
- Lost wages
- Medical bills
- Future medical treatment
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring
- Disfigurement
In some cases, you may even be entitled to punitive damages. These damages are awarded in claims involving intentional or reckless conduct, such as drunk driving. Your West Virginia bus accident attorney can talk to you about the availability of punitive damages in your case.
The process starts with a free initial consultation. During this appointment, you can explain what happened to you. Your lawyer will then offer you advice on your legal rights and options for pursuing a claim.
If you decide to hire a law firm, then they will get to work right away to build a case. They will research case law, interview witnesses, request accident reports and “black box” data, review medical records, and consult with expert witnesses. They will then make a demand for compensation to the insurance company.
Most personal injury cases – including bus crashes – are resolved outside of court. A skilled personal injury attorney can often negotiate a fair settlement. However, it may still be necessary to file a lawsuit to preserve your legal rights. That does not mean that your case will go to trial.
If the insurer refuses to offer fair compensation, then your lawyer will go to court and ask a jury to return a verdict in your favor. They will use their skill and experience to help you get the money that you deserve for your injuries.
Contact Our West Virginia Bus Accident Lawyers
Bus accidents can be incredibly scary. In the days and weeks that follow, you may not know what your options are when it comes to filing a claim or getting compensation. Our law offices will work with you to help you get maximum compensation for your injuries.
The car accident attorneys at Johnstone & Gabhart, LLP, take commercial vehicle accident personal injury cases in West Virginia, Ohio, or Kentucky on a contingency basis – which means that we never charge a fee unless we recover money for you. Initial consultations are always free of charge. To learn more or to schedule an appointment with a Charleston, WV bus accident lawyer, give us a call at 877-416-5457 or fill out our online contact form.
