No Win, No FeeOperators and drivers of public transport have a duty of care to keep their passengers safe. If they neglect this duty and you are injured while using a bus, train, coach, taxi, or tram, or if you are involved in an accident with one, you may be entitled to compensation for your suffering. Our article on public transport accident claims will explain when you could seek damages and what you could claim compensation for.
Our team is here to help if you’re thinking about taking action. To start, you’ll receive free legal advice on your options with a no-obligation telephone consultation. If we believe you could win a claim against the public transport operator, we’ll refer you to a personal injury solicitor from our team. If they agree to manage your claim, you’ll be represented on a No Win, No Fee basis meaning there are no legal fees to pay unless you’re compensated.
Please continue reading to learn more about the public transport injury claims process or give us a call on 0800 652 1345 today if you’d like to discuss your case right away.
Am I Entitled to Compensation for an Accident on Public Transport?
Various pieces of legislation mean that public transport operators have a legal duty of care towards passengers and other road users. These are designed to try and ensure the safety of the operator’s vehicles and how they are driven. Some of the relevant laws include:
- The Road Traffic Act 1988.
- The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990
- The Railways and Transport Safety Act 2003.
- The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022.
As such, a public transport accident claim might be possible if:
- The operator (the defendant) breached their duty of care towards you (the claimant); and
- Caused an accident on public transport; and
- You were injured by that accident.
The good news is that you don’t need to know which piece of legislation is relevant in your case as this is something your solicitor will verify during your consultation. However, you may be able to help win your claim by providing proof to show how your accident happened and who was responsible. We’ll look at how to do this in more detail shortly.
Common Examples of Public Transport Accident Claims
In this section, we’ll look at some example scenarios that could allow you to claim compensation if you’ve suffered personal injuries on a bus, train, coach or any other type of public transport. They include:
- Sudden braking or collisions: Passengers can suffer injuries such as whiplash, sprains, or fractures if a bus/coach, train, or tram stops suddenly or is involved in a crash. If the driver or operator was negligent, such as speeding or failing to follow road rules, you may have grounds to claim.
- Slips and trips onboard: Wet floors or poorly maintained stairs and steps on public transport vehicles can cause slips, trips and falls. Transport operators have a duty to ensure their vehicles are safe for passengers.
- Falls during on/offboarding: Injuries can happen if a passenger falls while getting on or off public transport due to driver negligence, uneven surfaces, or a lack of proper assistance for those with mobility issues.
- Inadequate seating or overcrowding: Being forced to stand on overcrowded public transport can lead to injuries if sudden movements cause passengers to lose their balance or collide with others. Operators must ensure reasonable safety measures are in place, even during peak times.
- Faulty or poorly maintained equipment: Broken handrails, malfunctioning doors, damaged seats or defective safety mechanisms can result in serious injuries. Transport providers are required to maintain their equipment to prevent accidents.
- Accidents at stations or stops: Public transport operators can also be liable for injuries sustained at their stations or stops. Examples include slipping on wet floors, tripping over poorly maintained train station platforms, or being struck by closing doors.
- Driver or staff negligence: Reckless driving, failure to provide assistance to disabled or elderly passengers, or mishandling of emergency situations by transport staff.
Accidents on public transport can be embarrassing and you may just want to sit down and forget that the incident happened. However, that shouldn’t stop you from discussing what happened with one of our specialists to see if you could be entitled to compensation for your suffering.
What Types of Public Transport Injuries Can I Claim For?
While it’s possible to sustain various injuries in a public transport accident, some of the most common you could claim for include:
These are just a few examples of injuries that could lead to a public transport accident claim. If yours is not listed, please contact our team today to discuss your options for free.
What Evidence Do I Need for a Public Transport Injury Claim?
With any type of personal injury claim, you will need proof to try and convince the defendant’s insurers that you should be compensated. As such, following a public transport accident, you may wish to:
- Tickets or passes: Keep your ticket, pass, or any proof of travel that verifies you were using public transport when the accident occurred.
- Take photographs: Capturing the cause of the accident on camera is a good way to show how you were injured. Taking photos of your visible injuries can also be useful too.
- Speak to witnesses: If your claim is contested, witness statements can make it easier for your solicitor to prove what happened.
- Report the accident: If you’re injured as a passenger on public transport, you should report what happened and retain your copy of the accident report form.
- Swap details: For road traffic accident claims involving public transport vehicles, you should swap details with the other driver as you would for a normal car accident claim.
- Ask for CCTV footage: You have a right to request CCTV footage from the transport operator if the accident was recorded, which can provide solid evidence of the circumstances surrounding the accident.
- Seek medical treatment: It’s important to seek treatment for any injuries at a hospital or minor injuries unit. As well as receiving professional treatment to help you recover, you could request your medical notes to prove the extent of your injuries if you decide to claim.
Importantly, you should never say anything at the scene of the public transport accident that might be inferred as an admission of guilt when discussing the accident.
Will I Need a Medical Assessment for My Public Transport Accident Claim?
As part of your claim, your solicitor will book an independent medical assessment to ascertain the severity of your injuries. In this meeting, a medical expert will examine you and produce a report to explain your prognosis. When your solicitor has received this report, a more personalised compensation estimate will be provided.
What Is the Time Limit to Make a Public Transport Accident Claim?
The Limitation Act 1980 sets a 3-year time limit for most personal injury claims. As such, the time limit to claim compensation for an accident on public transport will normally start from:
- The date you were injured.
- Your date of knowledge, i.e., when a doctor confirms your injury is linked to the accident. This is more relevant for injuries with delayed symptoms.
Importantly, the limitation period does not apply to claims involving children as they cannot take on legal action themselves. While they can take action after their 18th birthday, the delay could lead to further suffering. As such, adults can represent a child by becoming their litigation friend.
If you are approved to represent your child in a personal injury claim, you’ll be able to manage the claim and discuss the case with a solicitor. Any decisions you make must be in your child’s best interests. Any compensation awarded may be held in a court trust account until your child turns 18. Before then, as their litigation friend, you’ll be able to ask the court to release funds as needed.
Please call our team if you’d like to confirm how long you have left to begin your claim.
How Much Compensation for a Public Transport Accident Can I Claim?
When you file a public transport accident claim, you need to justify every pound of compensation you ask for. You could seek general damages to help you deal with your injuries or special damages to cover any costs associated with your injuries.
This means you could be compensated for:
- Your pain and suffering.
- Mental harm (distress, anxiety, depression etc) – see our psychological injury claims page.
- Any impact your injuries have on your hobbies, social life or family activities.
- Replacing items damaged during the accident (clothing, gadgets etc).
- Care and travel expenses.
- Medical costs including physiotherapy or private medical treatment.
- Modifications to your home or car to try and help life easier if you’ve been left disabled.
If you work with one of our solicitors, they’ll assess your case in detail to try and understand exactly how you’ve suffered and to try and secure the maximum amount of compensation possible.
Can I Claim for Loss of Earnings Due to My Accident on Public Transport?
In some cases, you could claim back any income, bonuses, commissions and overtime lost as part of a public transport accident claim. This is the case whether you’re a full-time employee or a self-employed worker.
To prove your losses, you should provide as much evidence of your previous earnings as possible. For instance, you could use wage slips, accounts, bonus calculations and bank statements.
Will I Need a Solicitor to Claim Public Transport Injury Compensation?
You can make a public transport injury claim on your own but taking on legal representation can make the process much easier. It could also lead to you being paid a fairer amount of compensation because of the solicitor’s negotiation and legal skills.
Additionally, if you’re concerned about the cost of lodging a claim, the majority of solicitors provide their services on a No Win, No Fee basis. As such, you’ll normally only pay your solicitor for their work if they win compensation for you.
Before a solicitor on our panel starts working on your claim, you’ll be sent a Conditional Fee Agreement (CFA). The CFA means that if the claim is won, up to 25 per cent of your settlement (legally capped) will be deducted as your solicitor’s success fee. Conversely, if the claim is lost, you pay nothing for your solicitor’s efforts.
Public Transport Injury Claims Frequently Asked Questions
Is It Possible to Claim for Emotional Distress Caused by an Accident on Public Transport?
It may also be possible to claim for any psychological suffering caused by your injuries as well as your physical injuries. For instance, if you were trapped in a train tunnel, you could claim for any resulting anxiety or emotional distress.
Similarly, if you’ve sustained a bad spinal injury that has left you unable to function normally for some time, you could claim for any associated depression.
What If The Accident Was Caused by a Lack of Safety Measures?
Public transport operators should design and implement safety measures to try and prevent foreseeable accidents from occurring. Failure to do so could mean they’ve been negligent and that could entitle you to compensation for any subsequent injuries.
For instance, if there were rules in place to prevent overcrowding on a tube train but they were ignored by staff, you could be entitled to compensation if you were injured as a result.
How Long Will a Claim Typically Take?
Public transport accident claims can be settled quite quickly (in around 6 to 9 months) if the transport company accepts liability quickly. Where claims are contested or extra investigation regarding your injuries is needed, the process could take longer than a year.
Start a Public Transport Accident Claim Today
If you’re ready to claim for injuries sustained on public transport, call us today. Our team is available on 0800 652 1345 to offer free legal advice and a no-obligation review of your chances.
If your claim is taken on you won’t pay legal fees unless you are compensated as our solicitors work on a No Win, No Fee basis for all accepted claims.
To ask any further questions regarding public transport accident claims, please use live chat, call our free advice line, or sort out a free consultation here.
