Mass Transit Accident Attorney in Overland Park, Kansas
Public transportation is quite common in cities and towns across Kansas and Missouri. However, with several large vehicles on the road, buses used for mass transit are not exempt from the dangers of the road. According to statistics from the Kansas Traffic Crash Facts Book, about 103,335 vehicles were involved in traffic crashes statewide in 2019, including 81 transit (city) buses. If you or someone you know was involved in a mass transit accident caused by a negligent party, you may be eligible to seek fair compensation for your injuries.
With more than 21 years of extensive experience, Attorney Mark Grover is dedicated to protecting and advocating for the rights of mass transit accident victims and their families. As a skilled Kansas personal injury attorney, he can thoroughly evaluate all of the facts of your personal situation and explore your possible legal options to seek damages. Attorney Mark Grover will fight vigorously to protect your best interests, identify and hold the responsible parties liable, and help seek fair financial compensation for your injuries, lost income, additional pain and suffering, and other potential damages.
Grover Law Firm, LLC proudly serves clients in Overland Park, Kansas, and throughout Kansas and Missouri, including Liberty, Independence, Olathe, Shawnee, and Kansas City.
Common Causes of Mass Transit Accidents
Mass transit accidents occur due to a variety of reasons, including:
Operator negligence, including speeding, driving fatigued, inexperience, distracted driving, alcohol or drug impairment, and disobeying traffic signals
Faulty or defective vehicles or parts
Lack of or inadequate vehicle maintenance
Lack of training and supervision
Damage to roads or rails
Defectively designed or poorly maintained roads or rails
Inadequate lighting, security, or safety measures
Unfortunately, injuries in mass transit accidents are often serious, since commuters aren’t protected by airbags, seatbelts, or other essential safety features. An experienced personal injury attorney can evaluate every aspect of your unique circumstances and determine who is liable for the accident.
Who is Liable?
Proving liability in a mass transit accident case may not be as straightforward as proving liability in a car accident. A number of different parties may be held responsible for the mass transit accident, depending on the circumstances and events leading to the incident. Possible responsible parties include:
Bus Driver: The bus driver may be held liable if the accident occurred while the driver was speeding, driving while under the influence, committing a traffic infraction, driving distracted, driving fatigued, or driving with improper training.
Government Entity: A government agency or private contractor that failed to properly maintain the highway may be held liable if the accident occurred due to defectively designed or poorly maintained roads or rails.
Transit System: The Kansas or Missouri transit system may be held liable for an accident that occurred due to insufficient safety inspections or recruiting an inexperienced driver
The Driver Of Another Vehicle: The driver of another vehicle may be held liable if their negligence or carelessness caused the mass transit accident.
Parts Manufacturer: The parts manufacturer could be held responsible for damages if the incident occurred due to a defective or faulty part.
Maintenance Personnel: The maintenance personnel could be held liable if the crash happened due to their negligence or sheer oversight in performing their designated duties, such as routine safety checks, scheduled maintenance, or inspection of the engine, brakes, electronic systems, and fluids.
A skilled mass transit accident attorney can investigate every last detail of your case, determine the liable parties, and help seek fair financial compensation on your behalf.
Filing a Claim in Kansas
Kansas is a "no-fault" insurance state. This means that your own insurance policy (PIP coverage) will pay for your medical expenses, lost income, and some other losses—up to the coverage limit—if you're injured in an accident, regardless of the responsible party.
You may, however, be able to step outside the no-fault system in Kansas after exceeding your PIP coverage, and if your injuries qualify as "serious." Under Kansas law, serious injuries include:
Fracture of weight-bearing bone
Compressed, compound, or displaced fracture of any bone
Permanent loss of body function
If your injuries meet the required threshold, you may be eligible to hold the at-fault party responsible by filing a third-party injury claim or personal injury lawsuit. According to the Kansas personal injury statute of limitations, you will have up to two (2) years from the date of the accident to file a civil action against the liable party.
Kansas Wrongful Death
If the victim died in the mass transit accident in Kansas, any of the deceased's "heirs at law" may be allowed to file a wrongful death lawsuit. These individuals include:
The surviving spouse
The surviving parents or grandparents
Any surviving child or children
The surviving siblings of the decedent
Filing a Claim in Missouri
Unlike Kansas, Missouri is an "at-fault" insurance state. This means that the person who caused the accident (at-fault party) will be held financially liable for medical bills, property damages, and other accident-related losses suffered by the victims. To recover damages, you can proceed by:
Filing a claim with your own insurance provider
Filing a third-party claim against the insurance carrier of the at-fault party
Filing a personal injury lawsuit against the at-fault party in civil court
According to the Missouri personal injury statute of limitations, an action seeking a remedy for an injury to the person must be commenced within five (5) years of the date of the accident or injury.
Missouri Wrongful Death
In the event that the victim died in the mass transit accident, the following people are allowed to file a wrongful death claim in Missouri:
Class 1 – The surviving spouse, children, parents, or children's descendants of the deceased person
Class 2 – If there are no persons in class 1 to file an action, then the deceased person's surviving siblings or their descendants
Class 3 – If there are no persons in class 1 or class 2 to file an action, then a "plaintiff ad litem" appointed by the Missouri court can file the claim
Under Missouri law, a civil remedy to recover damages for wrongful death must be commenced within three years from the date of the victim's death.
How Legal Counsel Can Help
Being involved in a mass transit accident can be devastating and can affect your physical, mental, and financial wellbeing. Thankfully, victims of mass transit accidents may be eligible to seek fair compensation for their injuries and damages by identifying the responsible parties and filing injury claims. A skilled personal injury attorney can enlighten you about your possible options to pursue damages and help protect your best interests.
At Grover Law Firm, LLC, Attorney Mark Grover is dedicated to providing detailed legal guidance and compassionate representation to clients in their injury cases. As your legal counsel, he can:
Help identify the liable parties and work to hold them accountable
Review all of the surrounding facts of your case and conduct a thorough, private investigation
Gather and document relevant information and necessary evidence, including the police report and witness testimonies
Seek to prove fault and establish liability
Determine the full magnitude of your injuries and other losses, and estimate case value
Handle all communications and negotiations with the insurer while you focus on your recovery
Help negotiate a fair settlement with the insurance providers
File a personal injury or wrongful death lawsuit, if necessary
Attorney Mark Grover will fight diligently on your behalf to help protect your best interests and attempt to seek the maximum possible compensation for your injuries. Having him on your side can increase your chances of achieving a favorable outcome in your mass transit accident lawsuit.
Mass Transit Accident Attorney Serving Overland Park, Kansas
If you were injured or if you've lost a loved one in a negligent mass transit accident, you may seek fair financial compensation. Contact Grover Law Firm, LLC, today to schedule a simple case evaluation. Attorney Mark Grover can offer you the experienced legal guidance and diligent representation you need to pursue justice. The firm proudly serves clients in Overland Park, Kansas, and throughout Kansas and Missouri, including Liberty, Independence, Olathe, Shawnee, and Kansas City.