Bus Passenger Accident Claims

Buses are a popular form of transport, particularly in larger towns and cities. They are used by commuters getting to and from work, students going to schools, colleges and universities, trips to shopping centers and supermarkets, and a whole host of other activities. In most cases, bus passengers arrive safely at their destination. But as with all forms of transport, sometimes accidents do happen, which can result in bus passengers suffering injuries. In this guide we will explore bus accidents in more detail, including what you should do if you are involved in an accident on a bus, common causes of bus accidents and the process of making a personal injury claim.

In the vast majority of cases, buses are a good and safe mode of transport enjoyed by millions of people throughout the UK. Statistics by The Department for Transport show that the number of bus passengers injured in road accidents has fallen year on year. In 2012, an estimated 4,790 coach and bus passengers were injured as a result of road traffic accidents, which was down from 7,998 in the year 2004.

When accidents do happen on buses, there are a number of possible causes:

• accidents involving other vehicles
• accidents caused by the careless or dangerous driving of the bus driver
• accidents whilst getting on or off the bus
• accidents caused by bus defects, such as damaged seats

Bus Accidents Involving Other Vehicles

If you are a passenger on a bus that is involved in an accident with another vehicle, you are almost certainly entitled to make a claim for compensation if you have suffered injuries. Who your personal injury claim will be made against will depend on which driver was at fault for the accident - the bus driver, or the driver of the other vehicle involved. If the bus driver was the person at fault for the accident, you would be able to make an accident claim against the bus company. Alternatively, if the driver of the other vehicle were at fault, you would need to make a claim for compensation against their insurance company. Buses, as with cars, motorbikes and other vehicles, are legally required to carry valid insurance to protect against these circumstances.

If you are a passenger on a bus that is involved in an accident with an uninsured driver, it may still be possible for you to claim compensation for any injuries you have suffered. Although there is no insurance company to claim against, you may be eligible to make a claim with the Motor Insurers' Bureau. The role of the Motor Insurers' Bureau is to help compensate people who are injured by uninsured drivers or untraced drivers (i.e. hit and run accidents).

Accidents caused by careless or dangerous driving

When people think of road accidents, they would normally consider those involving two or more vehicles. But bus accidents may also be caused by careless or dangerous driving on the part of the bus driver. This could include accidents caused by driving too fast around corners, breaking too hard or opening the bus door before coming to a complete stop. If you suffered a personal injury as a result of such careless or dangerous driving, you could potentially make a personal injury claim against the bus company.

Accidents When Getting to Your Seat

Anybody that uses a bus on a regular basis will most likely have experienced the bus driver setting off before they have found a seat. What happens if the bus jerks as it sets off, causing a passenger to fall and suffer injuries. Is the bus driver at fault for not waiting until the passenger has sat down? Can a bus accident claim be made? Unfortunately, the answer to these questions isn't straightforward, as it depends on a number of variables.

As with drivers of cars and other vehicles, bus drivers have a duty to take reasonable care. In the case of bus drivers, this duty of care is also set in The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 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.”

In the case of Fletcher v United Counties Omnibus Co. Ltd, a 22 year old lady suffered serious spinal injuries after a bus driver had to perform an emergency stop shortly after setting off, before the lady had sat down. Her claim for personal injury was initially successful, on the basis that the driver had failed to wait until she was seated before driving off. However, this decision was overturned by the Court of Appeal on the basis that drivers of public buses could not be expected to wait for all passengers to take their seats. If they were expected to wait until all passengers were seated before driving off, it would be extremely difficult for them to reach destinations according to the anticipated bus timetables.

So in most cases, a bus driver does not have to wait until passengers are seated before setting off. Providing they take reasonable care when driving (i.e. not driving erratically, speeding, etc.) a person that falls while walking to their seat would not be entitled to make a claim against the bus company.

However, if a passenger boarding a bus is very frail or considered more vulnerable to suffering an accident, then it would be reasonable to expect the bus driver to wait until the passenger has been seated. Examples of vulnerable people could include a person walking with crutches, a person carrying a baby, a person carrying lots of luggage or a young child boarding the bus. If a person falls into the category of a frail or vulnerable person, and they suffer an injury due to the bus moving before they have sat down, they may be entitled to claim compensation against the bus company involved.

The duty of the bus driver is to be aware of people boarding their bus, and then take additional care towards people who are particularly vulnerable. They cannot be expected to examine each individual passenger in detail for potential vulnerabilities. So if for example a person with a prosthetic leg boarded the bus, it may not be apparent to the bus driver that this person has difficulty walking. In these cases it is best for the person to highlight the issue to the bus driver and request that they wait until they have seated. If the driver ignored this information and the person was injured while walking to their seat, they would stand a good chance of making a successful personal injury claim against the bus company for negligence.

Accidents caused by bus defects

Bus companies are responsible for making sure their buses are well maintained and safe for passengers. If the bus company breaches this duty of care, and it results in injuries to a passenger, the passenger may be entitled to make a personal injury claim. An example of this would be a damaged seat that causes a laceration to a passenger's leg, or a damaged step causing a passenger to fall and suffer injuries. Whether or not a person can claim compensation, will of course depend on the specific circumstances surrounding their accident.

If you are injured due to a bus defect such as the examples provided above, it is important that you report the accident to the bus driver and/or the bus company. If possible, which will depend on the extent of the injuries you have suffered, you should try to take photographs of the defect that caused your accident. This will provide good evidence that a personal injury solicitor will be able to use should you decide to pursue a claim for compensation.

What to do following a bus accident

If you are involved in an accident while on a bus or a coach, there are a number of steps you should take in order to pursue a bus accident claim for your injuries:

• Make a note of the accident details at your earliest convenience. This includes the date and time of the accident, the details of the bus you were on and the location of the accident. If you have a bus ticket, this should be kept safe as proof that you were on the bus at the time of the accident.
• If possible, take photographs of the accident and the injuries you have suffered. This is particularly important if your accident has been caused by a bus defect, such as a damaged seat.
• If there are other passengers on board the bus at the time of the accident, you could ask to swap details with them. Not only can they provide evidence of the fact that you were injured in the accident, they may also provide evidence of who was at fault for the accident. 
• Report the accident to the bus company as soon as possible, so they can make a formal record of the accident and the fact that you have suffered injuries as a result of this accident.
• Visit your GP or local hospital to receive medical attention for your injuries. The fact that your injuries were the result of a bus accident will be recorded in your medical records, which will be beneficial when it comes to making a claim.
• Contact a local personal injury solicitor to discuss your accident. During a free consultation the solicitor will be able to assess the circumstances of your accident, and you will find out if you are entitled to make a no win no fee bus accident claim.

How much will it cost to make a bus accident claim?

The vast majority of solicitors will be able to offer you a no win no fee service when making a claim following a bus accident. No win no fee, also known as a conditional fee agreement, means that you would not be required to pay any upfront costs towards your solicitor's service. If your claim is successful, your solicitor will take a percentage of the compensation that has been awarded. This percentage would be agreed with you before taking on your claim, and is known as a success fee. If your claim is not successful however, you would not be liable to pay any of your legal fees.

Are there any time limits to make a claim?

Yes, as with most accidents there is a three year time limit within which a personal injury claim must be made. If a claim is not initiation within this 3 year period, the case is then time-barred (also known as statute barred). There are however some exceptions to this rule. The main exceptions that may apply to bus accidents are as follows:

• If you are a minor (i.e. under the age of 18 years old) at the time of the accident. If you are involved in a bus accident when you are a child, the three year time limit to pursue a claim begins on your 18th birthday. 
• If you are being treated under the Mental Health Act 1983 at the time of the bus accident, the three year period begins from the date you are discharged as a patient.

Conclusion

If you are involved in a bus accident and suffer injuries, it is a good idea to speak to a local personal injury solicitor as soon as possible. An experienced solicitor will be able to assess your claim, inform you of your chance of success, and provide you with the legal advice you need to pursue a bus accident claim and receive maximum compensation for your injuries.