Personal Injury Claim Against A Bus Driver – Case Study

Can you make a Personal Injury Claim against a Bus Driver?

As a firm of Solicitors, we receive a large number of Personal Injury claims involving accidents that have occurred whilst being a passenger on a bus. These accidents can involve collisions with other road users, collisions with stationary objects, or perhaps an emergency stop that has left them injured after being thrown from a standing position or out of their seat whilst on the bus.

In the case of a collision with a road user, your ability to claim is really dependent on the bus driver’s liability; in other words – was the driver at fault? If the bus driver wasn’t to blame, then there is a potential to make a claim against the other party involved in the collision.

If the accident involved a stationary object, it is likely the bus driver was at fault and so there is a possibility you could have a claim against the insurers of the bus company.

If no collision has taken place, but due to harsh braking and erratic driving, you have sustained a personal injury, there may be occasions when negligence can be proven, enabling you to make a personal injury claim. Circumstances that may result in a personal injury are:

• A driver driving erratically or braking too fast
• Drivers actions causing someone to fall, sometimes off their chair
• Carelessness when passengers are getting on or off the bus

Many personal injury claims that arise from a bus driver’s negligence can be compensated for. This is due to the Public Service Vehicles Regulations Act 1990 which states:

“A driver and a conductor shall take all reasonable precautions to ensure the safety of passengers who are on, or who are entering or leaving, the vehicle.”

If a driver is acting in a manner which goes against the above statement, it is likely they could be claimed against.

Who is most at risk?

Generally, buses advise to remain seated until the bus comes to a complete stop, so any injury sustained from falling whilst the bus is slowing down is sometimes hard to prove negligence on. However, where claims tend to be more successful, is if the person injured is either elderly, infirm, disabled or vulnerable.

It is an expectation that a bus driver should pay due attention to the needs and requirements of passengers. It is not acceptable for a bus driver to disregard their duty of care when it comes to elderly or vulnerable passengers.

What defines someone as being ‘vulnerable’?

Examples of vulnerability are as follows:

• Children
• Pregnant Women
• Someone already with ad injury such as a broken limb
• Anyone with a disability (if your disability is not visible, like a prosthetic leg for example, it may be wise to just inform your driver of this a you board)
• The elderly or infirm

If you thought there was no chance of winning this type of claim, here’s a success story we hope will change your mind:

In 2015, Mary Steel, 82, was awarded £10,000 in compensation after falling over and injuring her shoulder after a bus driver suddenly pulled away from the bus stop outside a Braehead shopping centre 2 years prior. Mrs Steel was looking for a seat at the time of her fall and was taken to Glasgow’s Southern General Hospital for treatment.

Mrs. Steel’s lawyers argued that the injury caused her pain, depression and that she also lost interest in her hobby of baking. It was argued that the driver should have taken greater care once she got on the bus as she was elderly and was yet to find a seat.

It was stated that the judge decided to award £10,000 in compensation; attributing £7500 to the past and the remainder was granted due to as Mrs Steel was still suffering from loss of confidence, even two years after the accident took place.

Why choose us?

Here at Oakwood Solicitors, we have a panel of highly experienced and driven solicitors, with a collective pool of knowledge and expertise regarding personal injury claims. We pride ourselves on handling claims in the most efficient way possible ensuring we achieve the best outcome for you, the client.

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WHAT TO DO NEXT

For any questions about road traffic accidents or driver liability, or require any advice about legal proceedings and making a claim against a bus driver – get in touch today for a free initial consultation.

Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.