Kansas City Bus accident Lawyer
A bus accident is among the worst types of vehicle collision due to the total number of people who can be injured. Buses pose a powerful risk to drivers on the road if the bus goes out of control or drives against traffic laws because, like trucks, a bus is large and will almost always prevail in a collision with a smaller vehicle. However, the bus passengers are often the most at risk, as few buses provide or require personal safety belts in each seat.
When people are injured or killed in a bus accident, and when personal vehicles are damaged, liability can be a challenging issue. A Kansas City bus accident lawyer or bus accident attorney can help you build a case and seek the compensation you need to cover medical bills, lost wages, pain and suffering, and the aftermath of a traumatic bus accident. They can guide you through the legal process to ensure you receive appropriate awards for your injuries. Contact our personal injury lawyers in Kansas City for legal help with your case.
Bus Accidents Are Much More Complicated Than Car Accidents
A bus accident case involves more people than almost any other type of accident. This also includes the unseen liable parties like the bus or transport company and the insurance providers.
A bus accident involves the bus and the driver, who may or may not be at fault. The accident usually requires at least one other driver in a collision that may have caused injuries or even fatalities when impacting the bus. Inside the bus, any passengers may also have been injured when the bus was shaken on impact and typically have a collection of mild to severe injuries. Common bus accident injuries include:
- Whiplash
- Sprains and strains
- Broken bones and fractures
- Brain injury
- Spinal cord injury
- Internal bleeding
- Delayed injuries
Bus accident cases are notorious for throwing people around inside the bus and for creating a massive impact when colliding with a smaller vehicle. This can result in serious and lasting injuries, including the types of injuries that may not fully manifest for weeks or even months after the incident.
Bus Accidents in Kansas City
Kansas City is also a uniquely complex place for a bus accident to occur. Our city is spread over two states, and those two states have different laws regarding liability. You may need an experienced Kansas City bus accident lawyer to help determine the full extent of your costs and how to find the best settlement depending on the state the accident occurred in. It is crucial to understand the nuances of a bus accident claim in Kansas City to navigate these complexities effectively.
Who Can Be Held Liable For a Bus Accident in Kansas City?
Again, bus accidents are much different than car accidents. The liability typically does not fall on the bus driver directly. We are committed to serving bus accident victims and ensuring they receive proper compensation.
The Bus Driver and Bus Company
Typically, if the bus driver is at fault, the bus itself, or bus passengers are injured, the bus company’s liability will come into play. Bus drivers are usually covered by the company liability policy, and bus liability often includes some responsibility of care and safety, even if the other driver was partially or more completely at fault. Additionally, the school district may also be liable in cases involving school bus accidents, especially if there are lapses in safety standards or negligence on the part of the school bus drivers.
The Other Vehicle Driver
The other driver may also be liable for their own medical bills or even the damage and injuries caused by the entire accident, if they are at fault.
What Is Duty of Care in a Bus Accident Claim?
One of the core elements of a personal injury case is duty of care. Legally speaking, duty of care is the legal concept that everyone has a duty to act reasonably to avoid hurting other people physically, mentally, or financially. When people fail to meet this legal standard, they can be considered liable for the harm they cause. If a party is considered liable, then they are responsible for covering some or all of the damages owed to the claimant.
Duty of Care for Common Carriers
The duty to act reasonably to avoid harming others applies in most situations. However, in certain situations, the law imposes a higher degree of duty of care. For instance, common carriers, which is a legal term for people or businesses that provide public transportation, owe a higher degree of care than the average person.
An average driver isn’t typically violating their duty of care while talking with one of their passengers. However, if a bus driver is talking with a passenger and they get into an accident, then the bus company and the bus driver may be considered liable since they are held to a higher degree of care and may be liable for even a slight violation or breach of duty.
Establishing duty of care is vital in a personal injury claim, as it creates a legal connection between the negligent party and the injured individual. It’s the duty of care that creates the legal grounds for the claimant to be able to file a claim against the at-fault party.
Duty of Care Complexities in Bus Accidents
When a bus accident occurs, more than one party can be liable because there are multiple levels of duty of care, from the bus driver to the bus company to a third-party driver or pedestrian. Therefore, it’s essential to understand who owes you a duty of care, who to file your claim against, and who may be held liable for your injuries.
Multiple Parties Involved in Bus Accidents
Bus accidents often involve multiple parties, each of whom may bear some responsibility for the incident. The bus driver is frequently scrutinized first. If the driver was speeding, driving recklessly, or failing to follow traffic laws, they could be held liable for the accident.
The bus company also plays a critical role. They are responsible for ensuring that their vehicles are well-maintained and that their drivers are adequately trained. If a bus company neglects these duties, they may be held accountable for any resulting accidents.
In cases involving school buses, the school district may be another liable party. If the bus was transporting students at the time of the accident, the school district could be held responsible for ensuring the safety of the children and the proper maintenance of the bus.
Other drivers or pedestrians involved in the accident may also share liability. If another driver’s negligence contributed to the crash, they could be held responsible for the damages. The complexity of these cases underscores the importance of having a skilled bus accident lawyer to navigate the intricacies of determining liability.
Unique Issues in Bus Accident Claims
With standard accident claims, the process involves negotiating a personal injury claim with an insurance carrier or filing a lawsuit in court when they fail to agree to fair compensation. Generally, the process itself is straightforward, even if the claim itself isn’t. However, that straightforward process doesn’t always work with bus accident claims because more elements and individuals are at play.
For instance, the claim process for an injured bus accident passenger and a claim for a driver in a vehicle that collided with the bus are handled differently and require different processes for recovering compensation.
Depending on the circumstances of the accident, individuals may be able to file third-party claims against another at-fault driver, or they may need to file a claim against a government entity. Filing a claim against a government entity, like a school district or public transportation bureau, can be complicated. Liability in accidents involving a school bus can be complex, with various parties, such as school districts and governmental entities, potentially being held accountable.
Legal implications and protections related to filing claims in a school bus accident are significant and require experienced evaluation. Additionally, the complexity of liability in school bus accidents often involves multiple parties, including the driver, bus company, school district, and bus manufacturer.
Therefore, bus accident victims should contact a Kansas City bus accident attorney as soon as possible. An attorney can help ensure that you follow the necessary procedure to set your claim up for success.
Legal Steps Following a Bus Accident
Following a bus accident, taking the right legal steps is crucial to protect your rights and seek compensation for any injuries or damages. The first and most important step is to seek medical attention immediately, even if you believe your injuries are minor. Prompt medical care ensures your injuries are documented and treated appropriately.
Next, report the accident to the police and the bus company. An official report can be a vital piece of evidence in your case. Gathering evidence at the scene is also essential. Take photographs of the accident site, your injuries, and any damage to the vehicles involved. Collect contact information from witnesses who can provide statements to support your claim.
Once these initial steps are taken, it’s imperative to contact a skilled bus accident lawyer in Kansas City.
Navigating the legal complexities of a bus accident claim can be daunting, but an experienced attorney can guide you through the process. They will help you determine who is liable for the accident and work to secure the compensation you deserve for your injuries and damages.
By following these steps and working with a dedicated bus accident attorney in Kansas City, you can protect your rights and improve your chances of a successful outcome in your personal injury lawsuit.
How Does Bus Accident Law in Kansas City Differ Between States?
Kansas and Missouri handle car accident liability in two very different ways. Most importantly, Kansas is a no-fault state while Missouri is an at-fault state when it comes to whose insurance pays for damage, injury, and recovery expenses. It is crucial to understand the statute of limitations when filing a personal injury lawsuit related to bus accidents, as failing to file within the established timeframe can result in the claim being barred.
At-Fault Liability for Bus Accidents in Missouri
In an at-fault state like Missouri, the party who is the most responsible will be asked to provide liability coverage for property damage and those injured. Missouri is also a partial-fault state. This means that both drivers may accept a percentage of the fault for the accident, and if an injured claimant is partially at-fault, their settlement is reduced by that fault percentage.
No-Fault Liability and Bus Accidents in Kansas
In a no-fault state, all drivers are required to have collision and personal injury coverage in case of a crash. Instead of making a claim against the other driver’s liability insurance, each driver makes a claim with their own insurance. This allows for faster medical coverage approval and less need for an extensive examination of fault for each case.
Why Bus Accidents Happen
Kansas City buses have a wide range of variables that can lead to a bus crash, from passengers to driver distractions to poor maintenance.
Inattentive or Distracted Bus Drivers
When the bus driver is distracted, sleep-deprived, or simply inattentive to road conditions, a bus accident can occur. This is an especially high risk around intersections where a bus may make an unexpected move or turn. Inattentive driving significantly increases the risk of a school bus accident, endangering the safety of children and other road users.
Reckless or Unaware Car Drivers
Some car drivers try to “zip around” buses, effectively cutting them off, weaving around buses in traffic, and potentially causing an accident. Others simply do not see the imminent collision with a bus that is out of place, or a bus in the place they’d like to be. Unaware or reckless drivers can cause bus accidents. In the aftermath of such incidents, Kansas City bus accident attorneys play a critical role in representing victims, navigating claims, negotiating settlements, and ensuring proper compensation for injuries.
Traffic Code Violations by Either Vehicle
Traffic codes are there to keep everyone safe. When you know what other vehicles—including buses—are going to do, it is safe to make driving decisions like moving through an intersection. If either the bus or another driver violates traffic codes, there is an increased chance of a bus accident.
Aggressive or Distracting Bus Passengers
Sometimes, a bus passenger or group will get belligerent and distracting instead of sitting quietly with those just looking for transport. These individuals may cause noise or activity in the passenger area of the bus and, on rare occasions, a disruptive passenger may even attack the bus driver, preventing them from avoiding or preventing an accident.
Unsafe Road Conditions
Another cause of bus accidents is unsafe road conditions. If gravel, ice, or deep puddles prevent the bus from maintaining traction on the road, physics can cause the accident on its own. This is also true of drivers outside the bus who need to be prepared for the possibility of unsafe road conditions. It is crucial for victims to seek compensation for medical expenses incurred due to injuries from such accidents.
Frequently Asked Questions About Kansas City Bus Accident Claims
Why is it important to consult a bus accident attorney after an accident in Kansas City?
A bus accident attorney in Kansas City helps navigate the complexities of liability, whether the bus company, another driver, or multiple parties are responsible. Given that serious injuries can result from bus accidents, an attorney can ensure proper compensation is pursued for medical expenses, lost wages, and pain and suffering.
How can bus maintenance issues contribute to accidents?
Poor bus maintenance, such as failing brakes, worn tires, or faulty lights, can lead to accidents. Regular maintenance checks are crucial to prevent potential mechanical failures. If lack of maintenance contributed to the crash, a bus accident attorney can investigate and hold the responsible parties accountable.
What should be done at the accident scene after a bus collision?
After a bus accident, collect as much information as possible, including witness statements, photos, and contact information of those involved. This documentation is vital for building a strong case. Contacting a bus accident lawyer promptly can help in preserving evidence and managing your claim effectively.
Are there different legal considerations for accidents involving private buses compared to public buses?
Yes, private buses may involve different liability rules and insurance policies compared to public buses. Bus companies are responsible for maintaining safety standards, regardless of whether the bus is private or public. A bus accident attorney can help clarify the legal nuances and pursue a claim for serious injuries caused by private buses.
What types of serious injuries are common in bus accidents?
Common injuries include whiplash, fractures, brain injuries, and internal bleeding. These serious injuries may require long-term medical care and rehabilitation. A bus accident attorney in Kansas City can assist in seeking compensation to cover these medical needs and associated costs, ensuring victims get the resources necessary for their recovery.
