Hurt While Riding Public Transportation?
Updated: Dec 9, 2019
Slip and fall accidents are extremely common. They can also happen on public property, including the LexTran buses or TANK buses that run through Lexington and other parts of Kentucky. A bus may begin moving suddenly before a person has been able to find their seat, causing them to fall into the aisles, other passengers, seats, and/or metal grab rails found on buses. When the stairs used to enter a bus are in disrepair or extremely slippery, a person can also fall while trying to board the bus.
Like any slip and fall accident, when a person slips and falls on public transportation, it can cause serious injuries. A person may suffer from sprained or broken bones, a dislocated shoulder, back and spinal cord injuries, and head injuries, particularly if they hit their head during the fall.
Unlike other slip and fall cases though, when these accidents happen on public transportation a personal injury claim will have to be filed against the city. This can be extremely challenging, as these claims are not handled in the same manner as others. A slip and fall lawyer in Kentucky can help accident victims make these claims, so they can get back to living their best life possible.
Government Entities and Sovereign Immunity
In many states and cities, any government entity is given sovereign immunity. This means that personal injury lawsuits cannot be filed against them, and they cannot be held liable for slip and fall injuries sustained on their property. Section 231 of Kentucky’s constitution, however, waives this immunity.
This portion of the state’s constitution states that the General Assembly may decide in what manner, and in what courts, lawsuits can be brought against the Commonwealth. Even with this law in place though, it can still be difficult for injured individuals to claim the compensation they deserve.
Filing a Claim with the City Attorney
While the Kentucky Claims Commission handles litigation claims filed against the state, each city, county, and local government will have their own process for filing claims. In Lexington for example, injured individuals will need to contact the city attorney’s office. Other municipalities will have their own city attorney’s office that will need to be contacted if the slip and fall accident happened on public transportation outside of Lexington.
When filing a claim with the appropriate city attorney’s office, injured individuals need to ensure they also provide all the necessary paperwork. Without it, a claim can be denied and they may lose their chance at claiming the compensation that can help them with their injuries. The necessary paperwork when filing a claim includes medical reports, eyewitness statements and contact information, and any other evidence that can help support the claim. Injured individuals should also prepare their own statement of what happened during the accident, who they believe to be liable and why, and a detailed description of any injuries sustained.
After the city attorney’s office has received the claim, they will then pass it on to the claims department. That department will conduct a full investigation and ultimately, approve or deny a claim. When a claim is denied, the injured individual may then file a lawsuit against the city.
The Importance of Speaking to a Slip and Fall Attorney in Kentucky
Any time injured individuals wish to file a lawsuit against an individual, organization, or entity that was at fault for causing the injury, they should speak to a lawyer that can help. When wishing to file a claim against the city, however, speaking to a Kentucky slip and fall lawyer is even more important. These claims often have stricter timelines than other personal injury claims, as well as a very detailed process that must be strictly followed.
If you have been injured on a LexTran bus, TANK bus, or any other public transportation in Kentucky, call the Morrin Law Office at (859) 358-0300 or fill out our online form for a free case evaluation. We have the experience necessary to hold cities and counties in Kentucky responsible when they are negligent, and we can help you get back to your best health. Time may be running out to file your claim, so don’t wait. Contact us today.