Using public transport is generally very safe, whether by bus, train, tram, or tube.
Nonetheless, public transport accidents occur far more often than you would expect. Government data from 2022 showed there were 136,002 casualties of all severities as a result of accidents on public transport.
Faulty door mechanisms, slippery floors, heavy braking, unexpected stops, and even oncoming traffic are all common sources of these injuries. The resulting injuries can vary from minor cuts, bumps, and bruises to those with a more serious or lasting impact, such as damage to the head or brain.
It is important to be aware of your legal rights if such an incident were to occur, as you may be eligible to make a public transport accident claim for compensation.
Fortunately, this guide has everything you need to know. We’ll cover:
- Your legal rights on public transport
- Whether you have grounds for a claim
- Common types of public transport accidents
- How to make a public transport accident claim
- Who to claim against
- How long it takes to make a claim
- Common pitfalls when making a claim
If you have suffered an accident on public transport, our team of personal injury solicitors can help you figure out if you have grounds for a claim and, if so, the level of compensation you may be able to recover. We consider every consequence of the accident, including medical costs, physical and emotional distress, and loss of earnings.
You can get in touch with our team for a free assessment.
Your Legal Rights On Public Transport
When you use public transport, your legal rights include a duty of care from the operator.
Public transport operators, such as bus or train drivers, and their employers, must ensure their customers travel safely and without risk of injury under the Occupiers’ Liability Act 1957. This means taking all reasonable steps to protect passengers from harm while using their services. For example, they should maintain vehicles and equipment to a safe standard, provide proper training to their staff, and ensure that all safety regulations and procedures are followed.
While this certainly helps to minimise accidents, it doesn’t eliminate them.
Accidents will always occur, but if you are injured due to the negligence of the operator then you also have the right to claim compensation.
Do I Have Grounds To Make A Public Transport Claim?
If you are injured while using public transportation then you may have grounds to make a claim, but only if you can prove that the injury was a direct result of someone else’s negligence.
Time can play an important factor too.
There are strict time limits within which a claim must be made. In the UK, personal injury claims must generally be filed within three years of the date of the accident. Failing to meet this deadline can result in the loss of the right to claim compensation.
If the accident is at sea, the deadline can be reduced to two years.
Common Types of Public Transport Accidents
Bus Crashes
Most bus and coach accidents are caused by driver error. For instance, if the driver is distracted or tired, it can lead to collisions.
Other types of bus accidents can happen because of a mechanical fault, poor road conditions, or because of third parties. The most common injuries include bruises, cuts, whiplash, fractures, and head injuries. Any incident, however, can lead to anxiety and post-traumatic stress.
Bus drivers and their companies must always follow safety regulations and perform relevant maintenance jobs to protect passengers. Failing to follow these procedures may result in injuries from minor to severe. Most bus companies have several cameras on board. These usually delete footage around the 28-30 day mark, so it is important to contact the bus company immediately after an accident to ensure footage is retained.
Taxi Accidents
Taxis, Ubers, and other private hire vehicles are excellent methods of public transport, which are becoming more popular than ever due to their accessibility and convenience.
While trips are usually problem-free, accidents can happen.
It is not always the taxi driver who is at fault for an accident. Collisions with other vehicles can lead to public transport accident claims by the taxi driver and passengers for injuries and trauma.
But if the taxi driver is liable for an accident, then a taxi passenger will be able to claim compensation against the driver and their employer, in the event of injury.
Train Or Tube Accidents
The railway network and the London Underground have a responsibility to keep passengers safe by signposting any hazards and making sure stations and trains are efficiently and regularly maintained.
Train or tube accidents typically occur while passengers are getting on or off the vehicle. For example, faulty doors can suddenly close and the step down to the platform can be dangerous if passengers are not warned.
How To Make A Public Transport Injury Claim
Step 1: Seek medical attention and gather evidence
First and foremost, ensure you get the necessary medical treatment for your injuries. This not only prioritises your health but also provides a medical record of your injuries, which is crucial for your claim.
If you’re capable, collect as much evidence as possible – it will be used to support your claim. This can include:
- Photos or videos of the accident scene, your injuries, and any damage to personal belongings
- Contact details of witnesses who can corroborate your account of the incident
- Travel tickets or receipts to prove you were a passenger at the time of the accident
- Medical reports and receipts for any treatment related to your injuries
You should also document any expenses incurred as a result of your injuries, such as medical bills, travel costs to medical appointments, and loss of earnings if you’ve been unable to work.
Step 2: Report the incident
Report the accident to the public transport operator as soon as possible. Make sure to get a copy of the accident report if one is made. This will serve as an official record of the incident.
Step 3: Speak to a solicitor
If you have suffered injuries, minor or major, from being involved in a public transport accident, then the next step is to speak to a solicitor. Ideally, you want a solicitor who specialises in public transport claims.
Most law firms, such as ourselves, will offer a free consultation with a skilled legal advisor to assess your claim. A solicitor will advise you on the strength of your case and the potential compensation.
If the solicitor believes you have a strong case, they may offer to help you claim under a no-win, no-fee agreement. This is something we offer to our clients, and it’s very common in the industry. As it suggests on the tin, a no-win, no-fee agreement means you don’t pay the solicitor unless you’re claim is successful.
Learn more: No Win No Fee Injury Claims: A Guide
Step 4: Investigation
The key to a successful public transport accident claim is proving that someone else’s negligence caused your injuries.
So, the more evidence you can provide, the easier and quicker it can be to claim the compensation you deserve. Such evidence may include:
- The date, time, and location of the incident
- Details of the accident that you can remember and who you think is responsible
- A copy of the accident report form taken by a bus/train company – public transport operators are required by law to record all accidents
- Any photographs or videos of the accident scene
- Contact information for any eyewitnesses at the scene
- CCTV footage, if available
- Details of any medical treatment received either at the scene or by a medical professional
There is no need to worry if you do not have all this information, your solicitor will help gather it for you.
Step 5: Filing a Claim
Once your solicitor has gathered as much evidence as possible to support your case, they will inform the public transport operator that you intend to make a compensation claim.
You may hear us, or other solicitors, talking about a Letter of Claim. This letter is sent to the defendant and outlines the details of the accident and your injuries.
Keep in mind that you only have a three-year window from the accident date to initiate a claim. While this sounds like a long time, it can quickly pass. As such, we recommend starting your claim as soon as possible.
Not only does this mean the details of the incident are fresh in your mind, but it also increases the chances of your solicitor gaining access to solid evidence before it may be lost (which means a more effective case and a higher likelihood of success).
Step 6: Settlement (or court proceedings)
Most public transport accident claims are settled out of court. This is the quickest and best solution for all parties, provided the opposing party accepts liability.
Essentially, your solicitor will negotiate a settlement agreement with the transport operator – ensuring that you get the compensation amount you are legally entitled to. The length of time the claim takes will depend on how quickly the party admits liability.
If your claim is successful and the other party acknowledges their liability, you will receive the compensation amount agreed.
However, if the other party does not accept liability, your claim may go to court for assessment by a judge. Your solicitor will represent you throughout the court process, presenting your case, and aiming to secure compensation through a judge’s decision.
Who Would I Be Making My Claim Against?
The claim may be made against the insurance company of the person responsible. For example, the driver in the event of a bus crash. Claims may also be made against the organisation that operates the public transport service if the responsibility lies with them.
How Long Does A Public Transport Compensation Claim Take?
The duration of a public transport compensation claim depends on the complexity of the case and whether the transport operator admits liability (and how quickly they make that decision). Many cases take around three months, but it’s not uncommon for others to take much longer.
As part of the initial consultation, your solicitor should give you an idea of how long it will take – once they reviewed the details of your case. Of course, initial timelines may change based on how the claim unfolds, but a good solicitor will keep in regular contact so you know exactly where the claim is up to.
Common Pitfalls When Making A Claim
- Insufficient evidence: This is a simple one to avoid, make sure you gather robust evidence from the start.
- Delayed reporting: Promptly reporting enhances your claim’s chances.
- Failing to seek medical attention: Prioritise your health, it strengthens your claim.
- Settling too early: The art of negotiation – ensure you get what you’re rightfully owed.
Conclusion
If you have been injured because of an accident on a bus, train, or other form of public transport, then you must start your claim quickly, compile as much evidence as possible, and be aware of your legal rights. Hopefully, this guide will help you understand the process and what you can expect by working with a solicitor.
If you feel entitled to compensation or you want to see if you’re eligible for a public transport accident claim, contact our expert solicitors on 0330 111 3131 or fill out our contact form.