Large, lumbering city buses feel safe, but they are also unwieldy vehicles that often operate in busy Washington traffic. If you were injured on a Washington bus, but the injury occurred while you were standing, rather than seated, you may wonder if you’re still eligible to recover compensation for your injury damages.
While the short answer is “Yes,” under RCW 4.22.005, the law states the following:
“In an action based on fault seeking to recover damages for injury or death to a person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery…”
How Does Contributory Fault Affect My Bus Injury Claim In Washington?
If you were standing up inside the bus when you suffered an injury, the cause of the injury is an important factor in determining whether you share fault. Insurance companies investigate accident claims, but the insurance adjuster’s job is to reduce their policyholder’s percentage of liability whenever possible, often by assigning fault or a portion of fault to the injury victim. The insurer could assign you a percentage of fault under circumstances such as the following:
- If you were standing up while there were seats available, or were standing up to visit or engage in horseplay with another passenger
- If you were behaving in a rowdy manner or rough-housing with another passenger
- If you hadn’t suffered an injury if you’d been properly seated at the time the incident occurred
- If the bus driver warned you to take a seat and you ignored the warning
Most buses now have interior cameras that capture video of each bus route. The insurance company will likely request this video, interview the bus driver, and review the police report to determine your percentage of fault.
You can still recover a portion of your total damages, like medical expenses, lost wages, and compensation for pain and suffering if you share fault for your injury, but the insurer will deduct your percentage of fault from the payout on your claim.
What If I Wasn’t At-Fault for the Bus Injury, Even Though I Was Standing?
Depending on the circumstances of the accident or incident, your Washington bus accident attorney can potentially protect you from sharing fault for your injury. For example, under circumstances such as the following:
- If you were standing because there were no empty seats available
- If the bus driver was at fault for the accident or could have avoided the bump, swerve, or other cause of your injury had they been taking reasonable care
- If you were standing up for a valid reason, such as changing seats or giving your seat to an elderly passenger or one with a disability
- If the bus driver was distracted, speeding, driving aggressively, impaired, or otherwise at fault for the accident or the bump or swerve that caused the injury
If you were injured in a bus accident, you may have a personal injury claim even if the insurance company argues that you share some responsibility for what happened. In Washington, being partially at fault does not automatically prevent an injured person from recovering compensation.
An experienced Marysville bus accident lawyer will independently investigate the accident or incident, examine bus camera video, and speak to eyewitnesses to protect you from being assigned an undue percentage of fault so you can recover the maximum compensation available to you.