Fatal Crash in West Virginia Claims Buffalo Family of Four: What Families Can Do After a Tragedy on the Road
A deeply tragic accident in rural West Virginia has claimed the lives of four elderly family members from Buffalo, New York. Dr. Kishore Divan (89), Asha Divan (85), Shailesh Divan (86), and Gita Divan (84) were found deceased in their Toyota Camry on August 2, 2025, after disappearing en route to a religious destination in New Vrindaban. Their vehicle had veered off Big Wheeling Creek Road and down a steep embankment, just five miles from their intended stop.
While this loss is immeasurable on a personal and emotional level, it also raises critical legal questions that families often face in the wake of fatal auto accidents—especially those occurring in unfamiliar states like West Virginia. When a car crash leads to the death of loved ones, navigating the legal aftermath can feel overwhelming. However, there are important steps surviving family members can take to ensure justice, accountability, and financial support.
Understanding Legal Rights After a Fatal Car Crash in West Virginia
West Virginia law allows the immediate family of deceased accident victims to file a wrongful death claim if another party’s negligence may have contributed to the crash. Even if no other vehicle was involved, there are still potential avenues for legal recourse:
1. Investigation into Road Conditions or Hazards
Rural mountain roads, like those in Marshall County where this crash occurred, can be poorly marked, lack guardrails, or contain design flaws. If improper maintenance or lack of signage contributed to the accident, municipal liability could be explored.
2. Automotive Defects or Failures
Mechanical failure or vehicle design flaws—especially in older vehicles—may be to blame. Families can request a preservation of evidence to have the vehicle inspected for brake failure, steering issues, or faulty safety mechanisms. This is often the first step in a product liability case.
3. Wrongful Death and Survival Actions
West Virginia’s wrongful death statute allows eligible family members—such as spouses, children, or siblings—to pursue compensation for:
- Funeral and burial expenses
- Loss of companionship
- Mental anguish
- Medical costs before death
- Loss of expected income or services
A survival action, meanwhile, may allow the estate to recover damages the deceased could have claimed had they survived, such as pain and suffering before death.
Why Legal Counsel Is Essential
Grieving families often hesitate to involve lawyers, but early legal involvement is crucial. An experienced personal injury or wrongful death attorney can help:
- Preserve physical and digital evidence
- Coordinate with accident reconstruction experts
- Engage with insurers and state authorities
- Navigate jurisdictional complexities, especially when the victims are from another state
Additionally, West Virginia imposes a two-year statute of limitations for wrongful death claims, meaning action must be taken within that period.
Final Thoughts
The Divan family’s loss is a sobering reminder of how quickly a peaceful journey can turn tragic. While nothing can replace the loved ones taken too soon, families facing similar heartbreak do not have to navigate the aftermath alone. With compassionate legal guidance, surviving relatives can uncover the truth, hold responsible parties accountable, and secure the resources they need to begin healing.
If your family has experienced a tragedy on the roads of West Virginia, you may have legal options. Don’t wait—consult with a qualified attorney who understands both the emotional and legal complexities of wrongful death claims.
