Bus accidents happen every week in the city. If you are injured in an accident with a city bus, you should consider filing a claim for compensation. Injuries can be serious if you are hit by a bus, even if you are in another vehicle.
A compensation claim can help to pay for medical treatment, as well as other costs related to the injury.
You should not wait too long after recovering, as the statute of limitations can be quite short for filing claims. A personal injury attorney can help you with your claim.
How an Accident Could Happen With a City Bus
Pedestrians and cyclists are most at risk from errant buses. Some bus drivers fail to notice cyclists who are riding close to the bus. Bus drivers may become distracted by a cell phone call even though phone use is not legal.
Fatigue, intoxication and lack of training are other reasons for bus accidents caused by driver error.
Many bus accidents happen at intersections and when a bus suddenly pulls out from a bus stop or changes lanes.
Not all bus accidents are due to driver error. A minority of accidents happen when components fail due to defective parts or because of a poor maintenance record.
Damages You Could Claim
A bus accident can be anything from a very slight nudge on a fender to a catastrophic crash. Damages can be claimed if it can be proven that the damage to a vehicle and injuries were caused by negligence, e.g. a bus driver nodded off while maneuvering the bus.
The main damages that make up a typical personal injury claim are:
- Full replacement of the cost of medical treatment;
- Compensation for any property damage;
- Compensation for any lost earnings while being treated or recovering at home;
- A pain and suffering component;
- Punitive damages if gross negligence can be proven.
How to Make a Personal Injury Claim
Making a claim against the city is a little different from claiming compensation from a private individual or organization.
As public transport is treated as a governmental entity, it is protected from civil claims against it by sovereign immunity. This doesn’t mean you can’t sue the city, but it does make it more difficult.
You have 90 days from the date of the injury to submit a notice of claim. If this is disregarded, you can then go ahead with filing a personal injury claim.
Evidence of negligence must be made available as well as details of costs such as medical treatment, lost wages and car or motorcycle repairs or replacement.
Why You Should Choose a Personal Injury Lawyer
Because of the limited time for filing a claim against the city and the complexities of processing any personal injury claim, it is sensible to use a personal injury lawyer who has experience dealing with bus accidents and city injury claims.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against KCATA, or any other party, you may not be entitled to any compensation.
