How to Handle Personal Injury Claims Involving Public Transportation in Kansas City

How to Handle Personal Injury Claims Involving Public Transportation in Kansas City

Public transportation is a vital service that millions rely on daily, especially in urban areas like Kansas City. Whether you’re commuting on a KCATA (Kansas City Area Transportation Authority) bus or taking a ride on the streetcar, the convenience of public transit is undeniable. However, accidents can lead to complex and unique personal injury claims requiring a clear understanding of your rights and the steps to ensure proper compensation.

If you’ve been injured while using public transportation in Kansas City, here’s what you need to know about handling your personal injury claim.

Understanding Public Transportation Accidents

Accidents involving public transportation, such as KCATA buses or the Kansas City Streetcar, can be complicated due to the involvement of government entities. When you’re injured in a crash, the circumstances can differ significantly from accidents involving private vehicles. The process of seeking compensation may involve specific rules, limitations, and even a different legal framework.

In Kansas City, most public transportation services are operated by government agencies, including the KCATA, which manages buses, ride-share programs, and the streetcar system. This means that when you’re injured while riding these services, your claim may be directed at a government entity.

older man injured while riding on a bus

Unique Challenges in Public Transportation Injury Claims

  1. Claims against government entities. One of the primary challenges in public transportation accident claims is that you’re likely dealing with a government entity like KCATA. Governmental immunity can limit the ability to file a lawsuit against these entities, and you may have less time to file a claim than you would in a case involving private companies or individuals. In Kansas City, the KCATA has sovereign immunity, which means that filing a lawsuit against it is not as straightforward as it would be against a private business. However, this immunity is not absolute. Certain exceptions allow for lawsuits, particularly if the government entity acted negligently or was directly responsible for the injury.
  2. Insurance and liability. Government-run insurance often covers public vehicles, which can be a different type of coverage than private insurance policies. Understanding how these policies work can be challenging, but an experienced personal injury attorney can help navigate this process.
  3. Determining fault. Accidents on public transportation can occur for various reasons, including driver error, mechanical failure, poorly maintained vehicles, or hazardous road conditions. Determining who or what is at fault can be more complicated than in standard car accidents. The government agency in charge of the transportation system may be partially or fully responsible for the accident, especially if maintenance or training is inadequate.
  4. Evidence collection. Collecting as much evidence as possible after an accident involving public transportation is vital. This includes gathering information such as:
    • The bus or streetcar route, schedule, and location of the accident
    • Contact information for the driver and any witnesses
    • Photos of the scene, including the vehicle and your injuries
    • Any available surveillance footage (many buses and stations have cameras). Public transportation agencies may also sometimes have internal records, including maintenance logs, accident reports, and other documentation, which can be essential for proving your case.

Steps to Take After an Injury on Public Transit

If you’ve been injured while using public transportation in Kansas City, follow these steps to protect your health and your legal rights:

  1. Seek medical attention. Your first priority after an injury should always be your health and safety. Even if you don’t think your injuries are severe, seeking medical attention right away is essential. Some injuries, especially soft tissue injuries, may not be immediately apparent.
  2. Report the accident. Always report the incident to the transit authorities as soon as possible. For KCATA buses, this may involve notifying the driver or reporting the accident through their customer service or accident reporting system.
  3. Document everything. As mentioned, collecting evidence can make or break a personal injury claim. Take photos of your injuries, the scene of the accident, and any damage to the vehicle. Write down all the details you remember about the incident, including the date, time, and location.
  4. File a claim with KCATA. For injuries involving KCATA, you must file a claim with their claims department. Remember that you may only have a limited amount of time to do this, so starting this process as soon as possible is crucial.
  5. Consult with an experienced attorney. Personal injury cases involving public transportation are complex, and the involvement of a government agency can complicate the process even further. It’s highly advisable to consult an attorney with experience handling public transportation accident claims in Kansas City.

A knowledgeable attorney will help you navigate the process, ensure that all necessary documents and forms are filed on time, and represent your best interests when dealing with the government entity responsible for the injury.

Understanding Your Rights as a Passenger

As a passenger using public transportation in Kansas City, you have the right to a safe and reasonable experience. This includes:

  • The right to travel without fear of injury due to driver negligence or unsafe vehicles.
  • The right to seek compensation if you’re injured due to the negligence of the driver, the transportation agency, or another third party.
  • The right to receive fair treatment and timely claims processing.

Kansas City residents and visitors rely on public transportation for work, school, and leisure. If you’ve been injured while using a KCATA bus, streetcar, or other public transit, understanding your rights and the process for filing a claim is crucial. Though these claims come with unique challenges, you don’t have to face them alone.

By taking the appropriate steps to report the incident, gather evidence, and consult with an experienced personal injury lawyer, you can ensure that your case is handled properly and that you receive the compensation you deserve.

We Take On Government Entities to Help Secure Maximum Compensation for Your Public Transport Accident

At The Goss Law Firm, we have the valuable experience to guide you through the complexities of public transportation accident claims in Kansas City. Contact us today for a free consultation, and let us help you get the justice you deserve. Contact us today by submitting a form online or calling our office at 816-888-5000 for a free legal consultation.