Fairmont Bus Accident Lawyer

Bus accidents are an all too common occurrence in the United States. Every year hundreds of individuals are injured in a bus or public transportation accident. Often, individuals sustain injuries such as broken bones, head, neck, and spinal trauma.

If you or a loved one were injured in a bus accident, it is best to seek help from a skilled legal professional. A Fairmont bus accident lawyer could investigate your accident and help you seek compensation for your injuries. Reach out to a knowledgeable personal injury attorney to discuss your accident, rights, and legal options.

Relief for Bus Accidents Caused by Negligence in Fairmont

Negligence is the number one cause of most auto accidents. For example, if a motorist makes a mistake on the road, such as running a red light, they could be considered negligent in court. The doctrine of negligence allows plaintiffs to recover damages against a defendant who has unintentionally caused them harm. In order to recover compensation, the plaintiff’s Fairmont bus accident lawyer must demonstrate that the defendant was negligent by proving four elements:

  • Duty
  • Breach
  • Causation
  • Harm

First, a bus collision lawyer in Fairmont would be tasked with providing evidence to the court that the defendant owed the plaintiff a duty of care. Second, the plaintiff must show that the defendant breached that duty of care. They could prove this by showing evidence that the defendant failed to operate their vehicle like a reasonably prudent driver would have under the circumstances.

Third, they would have to show causation, which is the most difficult element to prove. If a plaintiff contributes to the fault of the accident, their recovery might be barred or reduced. Under West Virginia Code §55-7-13A, plaintiffs are not allowed to recover if they were 51 percent or more at fault for the accident. Under the fourth element, harm, the plaintiff must be able to demonstrate that they suffered actual losses, such as medical bills and pain and suffering from their injuries, that they could be compensated for in court.

Filing an Insurance Claim in Fairmont

Plaintiffs who have experienced an accident might qualify for insurance coverage depending on the circumstances. West Virginia is a fault state when it comes to auto insurance. The first and most common option is to seek compensation under the at-fault driver or company’s insurance policy. Bus passengers, pedestrians, as well as other drivers that are injured in the accident may seek compensation for their economic losses under the bus driver or their company’s insurance.

Another option is for injured parties to file for an insurance claim under their own policy. This option might be an option for drivers that are injured in a bus accident and carry their own coverage for such incidents. In cases where a claimant seeks relief under their own policy, their insurance company then would bring a subrogation claim against the at-fault driver’s insurance carrier to recoup their losses.

Lastly, fault states do not require a serious injury or monetary threshold for claimants to file a personal injury case, unlike no-fault states. A bus crash lawyer in Fairmont could help claimants not only file a lawsuit but also negotiate with insurance companies for a settlement.

Reach Out to a Fairmont Bus Accident Attorney Today

A bus accident could cause significant physical, emotional, and financial hardships. The costs of a severe injury could be devastating to a family. Fortunately, with the help of a Fairmont bus accident lawyer, you may be eligible to seek compensation for your damages.

Call today to learn more about how an attorney could help your case.