Elkins Bus Accident Lawyer
When you ride the bus, you expect that the driver is following the laws of the road and doing their job safely. However, this may not always be the case, and when safety precautions are neglected, devastating accidents can occur. If you have recently suffered injuries while driving or as a passenger riding transportation, you could speak with an Elkins bus accident lawyer about your options for recovering damages such as medical costs, wage loss, and pain and suffering that have resulted from the crash.
There are many types of lawsuits that can arise from bus accidents. A lawsuit could be filed against a school district, a municipality, a charter bus company, or a driver. Under certain circumstances, these incidents can even result in a class-action lawsuit. A practiced personal injury attorney could help you decide who to hold accountable for the accident and help you bring a suit against that party.
Legal Duties of Common vs. Contract Carriers
Common carriers transport people or merchandise and are public entities. Their services are offered to the general public and are regulated by a statutorily defined agency known as the Public Service Commission. They differ from contract carriers, which generally form independent contracts with the organizations they serve and have greater discretion over what and whom they transport. Generally, school buses, city transit, and ticket-selling passenger bus lines qualify as common carriers.
This legal status matters in an Elkins bus accident case because common carriers must uphold a more rigorous standard of care and safety than everyday drivers. The buses must be well-maintained, and the employees must have special credentials, such as a commercial driver’s license. They must use extra precaution in light of the trust that paying riders have placed in them.
If an individual was involved in an accident involving a common carrier, they could find it useful to speak with a local bus accident legal professional about any injuries or property damage they sustained and whether they could receive compensation for their losses.
Elkins Personal Injury and Wrongful Death Lawsuits
Under Chapter 55 of the West Virginia Code, the state uses the rule of modified comparative fault theory to determine damages. Under this rule, a court or jury can divide the total percentage of fault for compensatory damages among all parties involved in an accident, including the plaintiff. The plaintiff may collect damages from other parties according to their respective fault after their own share, if any, is deducted. However, if the claimant is found to bear a greater percentage of fault than all other parties combined, they may not be able to recover any damages.
Statute of Limitations
The time allowed in Elkins for filing a lawsuit seeking recovery for property damage, personal injury, or wrongful death extends for two years after the date the incident takes place. The claim of a plaintiff who died while seeking recovery damages for an injury may proceed with a representative appointed in the decedent’s absence.
After suffering a catastrophic wreck, an individual should seek insight regarding their potential for recovering damages. It could be beneficial for them to speak with a bus collision representative in their area at the first opportunity.
Find an Elkins Bus Accident Attorney to Stand Up for Your Rights
The rules for any injury or wrongful death lawsuit are complicated. The number of parties involved in a bus crash could complicate matters even further. A solid claim for damages calls for strong legal representation from an Elkins bus accident lawyer.
Even if you were one of many passengers on a bus during a wreck, any harm you suffered could make someone else liable for your losses. Contact an experienced attorney today to discuss your case and resolve any uncertainties about how to proceed with your case.