Public Transport Accident Claims
There are various modes of public transport, including trains, buses, taxis, trams, and ferries. Many people rely on these, as they provide cheap and efficient transportation between urban and rural areas. Furthermore, they help reduce air pollution and traffic congestion on public roads. With so many benefits of public transit, it is no wonder that billions of passenger journeys are made each year in the UK.
While travelling on public transport is generally a safe and enjoyable experience, accidents can sometimes occur. They can be caused by driver negligence, poor road conditions, vehicle defects, or other causes. If you suffered any injury on public transport due to someone else’s negligence, you may be eligible to make a public transport accident claim. You can receive compensation for your pain, suffering and related financial losses.
To find out if you have a valid claim, call 0800 470 0474 or use our online contact form to request a free consultation. If you can proceed, a personal injury solicitor will offer you a no win no fee agreement. That means you do not have to pay any upfront fees to start your claim and you only pay a success fee to your solicitor if you win compensation.
Duty of care of public transport providers towards customers
Public transport companies owe customers a legal duty of care, as detailed in the Occupiers Liability Act 1957. This duty involves taking all reasonable measures to protect their health and safety, including:
- Ensure vehicles and facilities are clean and hygienic;
- Carry out regular maintenance and safety checks to prevent mechanical failures and accidents;
- Install and maintain safety features such as seat belts, handrails, and emergency exits;
- Keep stations, stops, and platforms safe and accessible;
- Provide clear signage, walking paths that are free of hazards and well-lit areas;
- Provide facilities for disabled passengers, such as ramps, elevators, and designated seating areas;
- Promptly repair any damage and remove hazards to prevent accidents;
- Ensure all drivers, conductors and staff have the necessary training and experience to do their job;
- Establish and enforce rules for passenger conduct to ensure safety and comfort for all users;
- Have safety measures in place to prevent crimes and protect passengers, such as surveillance cameras and security personnel.
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 outline the specific duties and responsibilities for drivers and other staff of public service transportation, which include:
- Ensure safe and careful driving at all times;
- Adhere to traffic laws and speed limits;
- Take reasonable steps to ensure the safety of passengers when boarding and during their travel;
- Ensure that the vehicle is in good condition before starting the journey;
- Treat all passengers with respect and courtesy;
- Do not discriminate against passengers on the grounds of race, gender, disability, or any other protected characteristic;
- Provide passengers with necessary information about the journey, including any delays, changes to the route, or safety instructions.
Complying with these regulations ensures that all passengers are safe during their travels and reduces the risk of accidents. A breach of duty can result in liability for public transport injury compensation.
Am I eligible to make a public transport accident claim?
If you were injured on public transport, an experienced solicitor can help you make an accident compensation claim. Before taking on your case, they will ask you a few questions during a free consultation to try and determine whether:
- The defendant, which could be a public transport operator or company, owed you a legal duty of care;
- They breached this duty through a negligent act that caused an accident;
- You were injured as a direct result of that accident within the last three years.
A breach of duty will be established by referring to the legislation mentioned above or other similar laws. You do not have to worry about this, as your solicitor will have experience navigating the legal system. Once liability is established, they will contact the negligent party and inform them that you are seeking damages. They will also help you gather the necessary evidence to make a strong and successful public transport accident compensation claim.
What accidents could happen on public transportation?
Various accidents could lead to a public transport injury claim, including:
- Collisions with another vehicle, pedestrian or stationary object;
- Slips and trips due to wet, slippery, or uneven platforms and other hazards;
- Falls caused by poorly lit areas, faulty stairs or missing handrails;
- Accidents caused by faulty doors that close unexpectedly on passengers;
- Train derailments due to equipment failure or excessive speed;
- Sudden stops that cause passengers to lose their balance or be thrown off their seats;
- Physical assaults, robberies and other criminal activities;
- Fires and explosions due to technical faults or collisions;
- Damaged seats and other furniture that can cause cuts and lacerations;
- Falling luggage from overhead compartments;
- Structural failures due to lack of proper maintenance;
- Illnesses caused by unsafe food on trains or in train stations.
Many other accidents can happen when using public transport. If you were injured in any of these or a similar situation and it was someone else’s fault, you may be able to claim public transport accident compensation from the responsible party.
What types of public transport claims are there?
Owners and operators of public transport must take all reasonable measures to protect the safety and well-being of passengers. Neglecting to do so can result in various accidents and injuries for which you may be entitled to compensation. These can occur on any mode of transportation and can lead to the following types of claims:
- Bus accident claims. Bus accidents can be caused by various factors, such as bus driver negligence, mechanical failures, and unsafe road conditions. They can result in injuries to passengers, pedestrians, and other road users.
- Train accident claims. Train accidents can occur due to derailments, collisions, or mechanical malfunctions. They can cause significant damage to passengers, railway employees and other structures and road users.
- Tram accident claims. Tram accidents involve collisions with other vehicles, pedestrians, or infrastructure. Due to the tram’s high speed and mass, these can result in severe injuries and fatalities.
- Tube accident claims. Tube accidents occur on underground railways and can involve derailments, fires or platform incidents. They pose a risk to passenger’s safety and can result in mass casualties in crowded urban areas.
- Taxi accident claims. Taxi accidents may occur due to various types of negligence, such as reckless driving, poor vehicle maintenance, or driver fatigue. They can result in injuries to passengers, pedestrians, and occupants of other vehicles involved in collisions.
- Uber accident claims. Like other road traffic accidents, Uber accidents can be caused by driver negligence, poor road conditions, or adverse weather. These can cause injuries to passengers and other road users.
- Ferry accident claims. Ferries are designed to transport people and vehicles across bodies of water such as rivers or oceans. Ferry accidents may involve collisions, sinking and capsizing and can result in severe injuries to passengers and crew members.
What injuries could result from an accident on public transport?
Accidents on public transport can result in various injuries, whose type and severity will depend on the nature and impact of the collision. These can be classified as follows:
Minor injuries
- Cuts, bruises and lacerations. Often caused by impact with sharp objects, broken glass, or rough surfaces inside the vehicle.
- Sprains and strains. These commonly result from sudden jolts or falls within the vehicle.
- Whiplash. It is caused by rapid back-and-forth movement of the neck, often due to sudden stops or collisions.
Moderate injuries
- Fractures. Broken bones can occur from falls or collisions and typically affect the limbs or ribs.
- Soft tissue injuries. Damage to muscles, ligaments, and tendons can result in pain, swelling, and limited mobility.
- Concussions. These are mild traumatic brain injuries from head impacts, which can lead to headaches, dizziness, and confusion.
- Eye injuries. Debris, broken glass, or other factors can cause damage to the eyes, leading to vision problems.
Severe injuries
- Traumatic brain injuries. More severe head trauma can result in long-term cognitive effects.
- Spinal injuries. Trauma to the spinal cord or vertebrae can lead to severe pain, mobility issues, or even paralysis.
- Internal injuries. Damage to internal organs may require emergency surgery and can be life-threatening.
Psychological injuries
- Post-Traumatic Stress Disorder (PTSD). The traumatic experience of the accident can have a long-lasting mental effect, leading to irritability, sleep problems, fear and other symptoms.
- Anxiety and depression. These can be the result of the emotional and psychological stress caused by experiencing or witnessing an accident.
Injuries from public transport accidents can have a profound impact on your life and affect your physical health, mental well-being, and ability to perform daily activities. These can have various long-term effects, such as:
- Chronic pain. Persistent pain in affected areas long after the initial injury has healed.
- Reduced mobility. Permanent or long-term loss of mobility or function in certain body parts.
- Scarring and disfigurement. Visible scars and disfigurement from injuries or surgeries.
What are the most common causes of public transport accidents?
Injuries caused by public transport accidents can be due to various factors, such as:
- Driver fatigue due to long shifts and insufficient breaks
- Distracted driving, such as using a mobile phone or eating
- Exceeding speed limits or driving too fast for the road conditions
- A lack of training, which can lead to poor handling of vehicles and situations on the road
- Mechanical failures, such as door or engine malfunctions, brake failures or tyre blowouts
- Lack of warning signs to inform passengers of known hazards
- Damaged seats and other furniture
- Adverse weather conditions and failure to adjust the vehicle speed to it
- Poor road conditions, such as potholes, spillages, and debris
- Overloaded or overcrowded vehicles
- Failure to regularly inspect and maintain vehicles
- Poorly marked stops, crossings, and signals
- Reckless driving or behaviour by other road users, such as drivers and pedestrians
What evidence do I need to support a public transport injury claim?
The types of evidence you could use when you claim compensation for a public transport accident include:
- Medical evidence. Medical records and doctor’s notes are essential to prove the type and severity of your injuries, treatments and prognosis.
- Visual evidence. You should secure photographs or a video of the accident scene and any visible injuries before anything is moved or repaired.
- Witness statements. Gather the names and contact details of any witnesses present at the scene. Your solicitor might contact them later to describe what they saw and corroborate your version of the events if liability is denied.
- CCTV footage. If the accident was captured on CCTV, you have the right to request the footage from the public transport operator or any nearby businesses.
- Accident reports. You should file an official report with the public transport operator and ask for a signed copy. The report should provide a detailed account of the incident, including its date, time, and location.
- Transportation documentation. Keep your ticket, travel pass, or any other relevant travel documents that can prove you were using the public transport service at the time of the accident.
- Police reports. If the police were involved, such as if you were the victim of an assault, you can use their report and crime reference number to support your case.
- Expert testimony. Testimony from medical specialists and other experts can help clarify the technical aspects of the accident and its long-term impact on your life.
- A personal account. Write in detail how the accident occurred and how it has affected your life, including the pain and suffering you experienced and any missed events or workdays.
- Financial evidence. Document all the expenses incurred due to the accident, such as medical bills, transportation costs, and lost wages. These will help quantify the financial impact of your injuries.
What is the personal injury claims process for road traffic accidents?
Every public transport injury claim typically involves several key steps, which include:
- The first step is a free initial consultation with a friendly legal adviser. During this, you will discuss the details of your case, including how the injury occurred, the extent of your injuries, and any evidence you have.
- The legal adviser will assess the merits of your case based on the information you gave them. They will determine whether you have grounds for a claim and the likelihood of success.
- If you can proceed, you will be paired with a lawyer who has experience with your type of public transport accident claim.
- Your lawyer will begin gathering the necessary evidence to support your claim, including medical records, witness statements, photographs, and other relevant information.
- Your solicitor will then send a formal letter of claim to the party responsible for your injury (the defendant). This letter outlines the details of your claim, including the injuries sustained and the compensation sought.
- The defendant has four months to investigate your allegations and respond to the letter of claim. After this period, they may accept or deny liability for your injuries.
- If they accept liability, your lawyer will begin negotiations with them to reach a settlement agreement. This may involve back-and-forth communication and multiple offers.
- If you cannot reach a settlement through negotiation or liability is denied, your solicitor may advise you to issue court proceedings. This involves initiating legal action against the defendant through the court system.
- In many cases, a settlement may be reached before the case goes to trial. If not, the case will proceed to trial, where a judge will make a decision based on the evidence presented.
- If your claim succeeds, you should receive public transport injury compensation within four weeks.
You can rest assured that your solicitor will be there to support you and answer all questions you may have at every step of the claims process.
Can I make a claim as a public transport employee?
If you work in the public transport industry, your employer owes you a legal duty under the Health and Safety at Work Act 1974. According to this and other workplace legislation, they must take all reasonable measures to provide a safe working environment and keep you safe from harm, including:
- Carry out regular risk assessments to identify possible hazards that could lead to accidents;
- Take reasonable steps to eliminate or minimise the identified risks;
- Maintain clean and organised workspaces and ensure proper lighting and ventilation;
- Install safety barriers and have clear warning signs in place to inform employees of known hazards;
- Ensure employees are fully qualified for their jobs;
- Provide adequate training on safe work practices and safety procedures;
- Keep all equipment and facilities properly maintained and in good working condition;
- Carry our regular inspections, maintenance and repairs as necessary;
- Provide employees with appropriate personal protective equipment (PPE) to mitigate workplace hazards.
By following these regulations, employers can create a safer work environment and reduce the risk of accidents and injuries for both employees and the public.
If your employer has failed to uphold their duties towards you and you were injured while doing your job, you can start an accident at work claim. All employers must hold Employer’s Liability insurance against personal injuries to employees, so your claim will not leave them out of pocket. If you win compensation, it will be paid by their insurance policy.
Can I claim compensation if I was hit by a public transport vehicle?
You may be entitled to compensation if you are a passenger, driver, cyclist, pedestrian, or motorbike rider hit by a bus or another public transport vehicle. Under the Road Traffic Act 1988, public transport drivers have a duty of care towards all other road users. That includes the following responsibilities:
- Operate the vehicle safely and obey the traffic laws;
- Maintain the vehicle in proper working condition;
- Adjust the driving speed to the weather conditions;
- Have particular care towards vulnerable road users like pedestrians and cyclists;
- Refrain from distractions such as using mobile phones;
- Do not drive under the influence or when fatigued.
If the public transport driver breached their legal duty towards you and was at least partially responsible for the accident, you can make a claim for compensation. A friendly legal adviser can verify whether the other party was negligent during a free consultation. If your claim has merit, you will be paired with an experienced public transport accident solicitor who will help you get the compensation you deserve.
Am I eligible to claim if I was partially at fault for my injuries?
Yes. You can potentially make a public transport accident claim even if you were partially at fault for your injuries. As long as it is established that you held less than 50% of the blame, you can receive a reduced compensation award to account for your contributory negligence. Examples of situations where you might be held partially liable for your injuries include:
- Not wearing a seatbelt while travelling in a taxi or Uber
- Not sitting down during a train or bus ride
- Stepping in front of a bus or taxi without looking for incoming traffic
- Ignoring safety warnings or instructions
- Being under the influence of drugs or alcohol
- Crossing railway tracks at unauthorised locations
- Failure to use designated pedestrian crossings or platforms
- Engaging in reckless behaviour, such as attempting to board a moving vehicle
As stated before, if you were partially responsible for your injuries, your public transport accident compensation will be reduced accordingly. For example, if you suffered injuries valued at £10,000 and you were not wearing your seatbelt during a taxi ride, you may receive:
- £7,500 if it’s established that your injuries would have been avoided by wearing the seatbelt;
- £8,500 if your injuries would have been less severe if you were wearing the seatbelt;
- The entire £10,000 if wearing a seatbelt would not have made a difference.
Can I still claim if the public transport accident happened abroad?
If you have been injured in an accident abroad and you weren’t at fault, you may still be able to claim compensation. Based on your circumstances, you could make your claim in the UK, or you may have to take legal action directly in the country where you were injured. You can usually make your claim in the UK if:
- The accident happened in the EU
- Your trip was arranged by a UK-based travel company or tour operator
- You were on a business trip arranged by a UK business or UK-based office
- You suffered a severe injury
- You were a passenger in a vehicle operated by a UK company
- The liable party is a British resident
If you were driving your own car and were hit by a public transport vehicle abroad, it is essential to contact your insurer as soon as possible. It would also be best to collect as much evidence at the accident scene as possible, such as photographs, videos, witness details, the other driver’s contact information, and insurance. If you decide to make a claim, contact a personal injury solicitor as soon as possible, as the time limit to start legal proceedings can be as short as one year in some countries.
Can I make a claim on behalf of a loved one?
If your loved one was involved in an accident due to another party’s fault, you could claim public transport injury compensation on their behalf. To do so, you must apply to the court to be named as their litigation friend. The court will appoint you if there is no conflict of interest between you and the claimant, and you can conduct legal proceedings fairly and competently.
This process is typically used when the injured party is a child under 18 or an adult who lacks the mental capacity to handle a case due to any of the following:
- Post-traumatic stress disorder (PTSD)
- A brain injury or stroke
- An intellectual disability like Down syndrome
- A mental health disorder like schizophrenia
- A neurodegenerative condition such as dementia
You should carefully consider whether you want to become a litigation friend, as this can be a long-term commitment that brings various responsibilities, such as:
- Approve and sign legal documents
- Meet with solicitors and take legal advice
- Pay any fees requested by the court
- Keep updated on proceedings
- Make decisions about the case that are in your loved one’s best interests
It is essential to know that you can also make a public transport accident claim if you have lost a loved one as a result of an incident. If you qualify as their dependent under the Fatal Accidents Act 1976, you could seek compensation for the following:
- The lost income and other financial benefits expected from your loved one;
- The services they provided within the family, such as house maintenance and childcare;
- The financial losses and expenses they incurred between the accident and passing away;
- Reasonable funeral expenses, such as wreaths and transporting the body to the grave;
- The grief and suffering you experienced due to losing your loved one, which is a bereavement award of £15,120.
How much compensation will I be able to claim if I’m injured on public transport?
Each case is unique, and the amount of compensation you’re able to claim will depend on two types of damages that your solicitor will include in your settlement:
Special damages cover quantifiable financial losses incurred as a direct result of the accident. These are calculated based on evidence such as receipts and invoices and could include:
- Medical expenses such as prescriptions and private treatments
- The cost of counselling or physical therapy
- Medical aids such as crutches or wheelchairs
- The cost of care during recovery, whether by a loved one or professional caregiver
- Loss of earnings and earning capacity
- The cost of replacing or repairing damaged items
General damages are awarded for non-monetary losses and are more difficult to calculate. These are awarded according to the guidelines from the Judicial College and are based on the type and severity of your injury. Examples include:
- Physical and emotional suffering
- Mental or physical disability
- Reduced quality of life
- Inability to take part in abilities you used to enjoy
- Scarring and disfigurement
Below are a few examples of public transport accident compensation awards. For more information, do not hesitate to refer to our compensation calculator.
- £2,210 to £12,770 for a mild head injury
- £240 to £4,345 for whiplash, depending on severity
- £11,820 to £20,880 for minor disability caused by a knee injury
- £1,960 to £6,300 for moderate back injuries
- £7,780 to £12,010 for minor leg injuries with complete recovery
- £36,770 to £122,860 for severe arm injuries that cause long-term disability
Is there a time limit to start a compensation claim against a public transport company?
If you’ve been injured on public transport, you typically have three to make a claim, starting from one of the following:
- The date of the accident;
- The date you become aware of your injury or illness and its relation to the public transport incident (the date of knowledge).
If you neglect to start legal proceedings within this timeframe, your case will be statute-barred, and the court will no longer consider it valid under the Limitation Act 1980. That is why we strongly advise you to speak to a solicitor as soon as possible after suffering an injury. That will help them collect the necessary evidence to understand what happened and have your claim ready in time.
There are a few exceptions to the three-year time limit:
- Child injury claims can be made at any time before the child’s 18th birthday, regardless of when the accident took place.
- There is no time limit for a litigation friend to claim on behalf of someone who lacks the mental capacity to handle a legal case.
- Claims through the CICA following criminal assaults have a two-year time limit.
- If you lost a loved one due to negligence, you have three years to make a claim starting from the day they passed away.
- Claims for accidents abroad may have other time limits, depending on the foreign country and the circumstances of your injuries.
What are the benefits of hiring a No Win No Fee solicitor?
If you have a fair chance to receive compensation for an accident, your solicitor will offer you a no win no fee agreement. That means you will not be taking any financial risk if you decide to proceed with a public transport injury claim. This service works as follows:
- Your solicitor will take on the risk of litigation without asking for any upfront fees;
- If your case is unsuccessful, they waive their charges, and you do not have to pay them a single penny;
- If they win your claim, they will get a success fee that you will agree upon from the beginning;
- The success fee is deducted from your compensation award and cannot be more than 25% of your general damages and past financial losses.
This service gives everyone access to legal representation without any risks, regardless of their financial position. Another benefit of the no win no fee service is the After the Event (ATE) insurance included in your agreement. The ATE policy will cover all the costs and disbursements incurred during the claims process if your case fails, such as:
- Police and medical reports
- The cost of expert witnesses
- Court and counsel fees
- Travel expenses
- Barrister fees if the case goes to court
- The defendant’s costs and solicitors
To see if you can claim on a no win no fee basis, do not hesitate to call 0800 470 0474 today or enter your details here to request a call back. You will receive a free consultation with a friendly legal adviser who will answer all your questions.