When a crash involves a school bus, city truck, or state-operated vehicle, your to-do list gets tighter: different rules, shorter administrative deadlines, and added immunity issues. Here’s a plain-English roadmap for Kentucky families, with the exact notice paths, timelines, and week-one preservation steps so key video/data doesn’t disappear.
Who you’re actually claiming against (and why it matters)
1) Commonwealth of Kentucky (state agencies, state universities, KSP, Transportation Cabinet, etc.)
Claims for negligence against state agencies are not filed in regular court first—they’re filed with the Kentucky Claims Commission (formerly Board of Claims) under KRS Chapter 49 (exclusive forum for state-agency negligence claims).
2) Cities, counties, and other local governments
Local governments are governed by KRS 65.2001–65.2006 (the “claims against local governments” statutes). These sections preserve governmental-immunity defenses and add special rules (including periodic payments of judgments).
3) Public school districts / school buses
Boards of education must arrange liability insurance for school buses they own/run and must require contractors (private bus companies) to carry liability insurance if transportation is contracted out—so there’s often a direct insurance path in addition to public-entity procedures.
Deadlines: the “short fuse” you can’t miss
- Claims against the Commonwealth (state agencies): You generally must file your administrative claim within one (1) year with the Kentucky Claims Commission. (The Commission’s own FAQ confirms the one-year filing deadline.)
- Local government (city/county) injury suits: Kentucky’s standard personal-injury deadline is short—often one year—with auto cases having special MVRA timing rules. (This is separate from the state-agency path above.)
Timing note: The forum differs (Commission vs. court) and so can damages mechanics. Call early so we calendar the right deadline and venue.
Damages & payment quirks (why public cases “feel” different)
- Local-government judgments may be paid over time. Courts can order periodic payments (up to 10 years) on motion in cases within KRS 65.2001–.2006. Plan settlement structures with that in mind.
- Immunity is fact-specific. Kentucky preserves sovereign/governmental immunity in many settings; the analysis focuses on the entity and function performed. (Expect motion practice; naming the right parties matters.)
Week-one preservation checklist (copy-ready)
Send targeted spoliation/preservation letters to every custodian (district, contractor/insurer, city/county/state agency) demanding:
Bus / fleet data
- Exterior/interior camera video (front, rear, aisle, stop-arm; including event-trigger clips and continuous footage).
- Telematics/ECM & GPS: speed, location breadcrumbs, throttle/brake, hard-brake events, door status, stop-arm activation logs.
- Two-way comms/dispatch (radio, MDT, app logs) and route & stop sheets for the day.
- Driver qualification & training, policy manuals (loading/unloading, railroad crossings, stop-arm protocols), and post-crash testing documentation.
- Maintenance & inspection records (pre/post-trip DVIRs, brake/lighting repairs, defect reports).
Public-agency & third-party sources
- 911 audio/CAD, police/KSP crash file (with diagrams, photos, body-cam).
- Traffic/public-works cameras; nearby school or business video facing the roadway.
- For work-zone or roadway-defect angles, KYTC plan sheets, lane-closure logs, and traffic-control diaries.
For school buses owned by a board of education, cite KRS 160.310 (insurance/contractor insurance) in your letters; for state-agency vehicles, reference KRS Chapter 49 and the Commission’s procedures so they pause auto-delete policies.
Pathways by scenario (plain English)
A) Hit by a state-operated vehicle (e.g., KYTC snowplow, university shuttle)
- File a negligence claim with the Kentucky Claims Commission within one year; preserve agency dashcam/telematics early.
B) Hit by a city bus / city truck
Sue in circuit court (immunity issues apply); calendar the one-year PI limitation (MVRA rules may alter auto timing). Watch for periodic payment mechanics under KRS 65.2004.
C) School-bus crash (district-run fleet)
Make a claim on the board’s liability coverage and preserve bus video/telematics immediately; if a state-run component is involved, evaluate a Commission claim too.
D) School-bus crash (contracted private carrier)
Demand preservation from the contractor and its insurer (required by statute/contract) and from the district for any records it controls (route/discipline/video portals).
Practical tips (so evidence doesn’t evaporate)
- Ask for a repository export, not “the clip.” Many systems auto-delete after days; request full-day exports with metadata.
- Name custodians precisely. District transportation director; contractor’s registered agent; city/county attorney or risk manager; for state vehicles, the agency and the Office of Claims & Appeals.
- Calendar two clocks: the preservation clock (days) and the filing clock (often one year, or the MVRA auto timeline for tort suits).
FAQs
Is there a special “notice of claim” form for state-agency crashes?
Yes—Claims Commission matters follow KRS Chapter 49 and 802 KAR 2:010 procedures; you can file via the Commission’s portal or form.
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Can I just sue the Commonwealth in circuit court?
Not at first. Negligence claims against the Commonwealth must go to the Claims Commission (exclusive forum); local governments are different.
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Do school districts have insurance if their bus driver is at fault?
Yes—boards may provide bus liability insurance and must require coverage when they contract out pupil transportation.
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Will a city/county pay a judgment all at once?
Not always. KRS 65.2004 lets local governments ask the court to order periodic payments (up to 10 years).
How Morrin Law Office handles public-entity & school-bus cases
- Immediate preservation to every custodian (district, contractor, city/county/state) with requests for full-day video/telematics exports.
- Route & driver proof: we pull route sheets, stop logs, training files, DVIRs, and post-crash testing docs.
- Correct venue on day one: we file in the Claims Commission when it’s a state agency, or in circuit court for local bodies—protecting both deadlines.
- Damages & logistics: we set up PIP/medical benefits where applicable, and plan around periodic-payment options for local-government judgments.
- No upfront fees: free consult; contingency fee (we’re paid only if we recover).
References & Further Reading
State-agency claims (exclusive forum & timing)
- KRS Chapter 49 (Office of Claims & Appeals / Claims Commission): state-agency negligence claims and procedures. Legislative Research Commission
- Kentucky Claims Commission – Negligence Claims overview & FAQ (one-year filing guidance). kycc.ky.gov
- Nolo explainer on Kentucky government claims (summarizes exclusivity and one-year claim deadline). nolo.com
- 802 KAR 2:010 (procedures/forms for Board/Commission filings). Legislative Research Commission
Local-government framework
- KRS 65.2001–65.2006 (claims against local governments; immunity preserved; periodic payments possible). Legislative Research Commission
School-bus insurance requirement
- KRS 160.310 (boards to provide liability insurance and require contractor insurance for pupil transportation). Legislative Research Commission
General limitations backdrop
KRS 413.140 (one-year PI period—context for court-filed local cases and non-state actors). Legislative Research Commission
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