Am I Eligible To Make A Public Transport Accident Claim

Have you been injured whilst on public transport? If so, you may be eligible to make a public transport accident claim. This guide will explain how you can receive compensation for your injuries and other losses in a personal injury claim with the help of our panel.

Key Takeaways

  • Accidents on public transport are common and can cause a variation of injuries.
  • You may be eligible to make a public transport accident claim if you satisfy the criteria.
  • Compensation for personal injury claims could be awarded for a variety of different injuries and related expenses.
  • A No Win No Fee solicitor from our panel could help you claim compensation.

To find out if you are eligible to claim for an accident on public transport, speak to a member of our advisory team. They can also discuss the personal injury claims process and provide a free claim valuation. To speak to a team member:

The inside of a bus and passengers taken from the back.

Jump To A Section

  1. Who Can Make A Public Transport Accident Claim?
  2. Accidents On The Bus
  3. Accidents On The Train Or The Tube
  4. Accidents In A Taxi Or Minicab
  5. Accidents On Boats Or Ferries 
  6. Public Transport Accident Claim Compensation Amounts
  7. How We Could Help You 
  8. Learn More About Claiming For A Personal Injury

Who Can Make A Public Transport Accident Claim?

If you have been travelling on public transport and suffered an injury, then you may be eligible to make a public transport accident claim. Here are the specific eligibility criteria:

  • You must be owed a duty of care at the time of the injury. A duty of care is a legal obligation owed by a liable party to ensure another party’s reasonable safety.
  • This duty must be breached.
  • This breach must result in your injuries.

Under the Occupiers Liability Act 1957, those in control of a public space have a duty to ensure that the area is reasonably safe for all visitors. This duty applies when you are travelling on public transport.

All road users have a duty to navigate safely to avoid causing harm to other road users. To ensure compliance with this duty, road users should adhere to both the Road Traffic Act 1988 (RTA) and the Highway Code.

If you have been injured on public transport, get in touch with our team today to discuss if you could be eligible to claim with the support of a No Win No Fee solicitor from our panel.

Accidents On The Bus

Whilst travelling on public buses, you are owed a duty of care. There are many situations that may arise whilst you are on a public bus that may cause you to sustain injuries.

For example, you may be travelling on a bus that was safely being driven by a bus driver. However, a road user may fail to stop and collide into the rear of the bus, causing you to sustain a head injury. As you were owed a duty of care by the road user, you may be eligible to start a public transport accident claim.

Slips, Trips And Falls On Buses

Whilst on a public bus, you could suffer injuries in a slip, trip and fall accident. Examples of how these types of accidents could occur include:

  • Wet floor.
  • The driver started moving the bus before you had the chance to sit down.
  • A defect on the bus stairs.
  • Luggage in the aisle.

The driver and bus company owe you a duty of care to ensure that you are reasonably safe when you enter the bus. If you are injured because of a breach of this duty, you might be eligible to make a bus accident claim for your injuries and losses.

If you have been injured on a bus, contact our team today.

Accidents On The Train Or The Tube

Whilst travelling on a train or the tube, those responsible for it must ensure that it meets safety standards. If they fail do so, you could sustain injuries.

For example, you may be sitting on a train with luggage above you in the overhead compartment. However, those in control of the train may fail to complete safety checks and not recognise this compartment is not stable. If this collapses and the luggage falls on you, causing a shoulder fracture, you may be eligible to claim.

Can I Claim If I Was Injured On The Platform?

If you are injured on a train platform, you may be eligible to claim compensation. Examples of platform accidents include:

  • Slips, trips and falls, such as on ice that hasn’t been gritted, blocked off for sign posted when the platform manager knew of the hazard. You could suffer an ankle injury slipping on ice.
  • Falling objects, such as a sign that the station manager knew was loose and failed to secure before the station reopened for the day. Head and neck injuries could occur if the sign falls.
  • Defective doors that trap your fingers when they close. If the person responsible for the station fails to carry out safety checks on a door, a defect could go unnoticed.

If you have been injured on a train or the Tube, contact our helpful team today.

Accidents In A Taxi Or Minicab

You may also be eligible to claim compensation for injuries suffered in a taxi or minicab. However, you will need to prove that either the taxi driver, owner of the cab company or another road user caused your injuries.

For example, you may have been in taxi and the driver negligently overtook another vehicle and crashed into a a stationary vehicle. If this resulted in your crush injury, you may be eligible to claim compensation.

What If I Wasn’t Wearing A Seatbelt?

If you were injured in a taxi but you were not wearing a seatbelt, you may claim compensation. However, this is a form of contributory negligence. As such, your compensation will be reduced by the percentage you were liable for your injuries.

For example, if you were 30% responsible for your injuries, you would receive 70% of your compensation.

If you have been injured in a taxi or minicab, contact our team today to talk about your eligibility to start a claim.

Coaches lined up with drivers climbing into them.

Accidents On Boats Or Ferries

The Department for Transport and Maritime and Coastguard Agency set out regulations. As part of their duty of care, public transport companies operating ferries and boats must adhere to these regulations. They also must ensure passengers are as safe as reasonably possible while travelling and must follow health and safety regulations to avoid accidents.

As such, while travelling on a boat or ferry, you are owed a duty of care. If this becomes breached, resulting in your injuries, you may be eligible to claim.

For example, you may be boarding a ferry. However, the ramp you were walking on may not be properly secured. This may cause you to fall, resulting in a fractured forearm. If the circumstances of your accident meet the claim eligibility criteria, you may be entitled to compensation.

If you have been injured on a boat or ferry, contact our advisors today.

Public Transport Accident Claim Compensation Amounts

If you make a successful public transport accident claim, your compensation may be made up of two heads (or parts): general and special damages.

General damages compensate for the physical pain and psychological suffering caused by the accident. When the sum of general damages is being calculated, those doing so may refer to the Judicial College Guidelines (JCG). This document lists different types of injuries in varying severities.

Here is a table with a few figures from the JCG as well as a figure in the top row (not from the JCG) that shows you how compensation could be awarded for multiple injuries and special damages. Additionally, we’ve included two tariffs from the Whiplash Injury Regulations 2021 as the last two entries. Please note that this table is only a guide and does not represent your claim.

Injuries Compensation Guideline
Multiple Serious Injuries and Significant Financial LossesUp to £1,000,000 plus
Very Severe Brain Damage£344,150 to £493,000
Severe Back Injuries (i)£111,150 to £196,450
Severe (ii) Neck Injuries£80,240 to £159,770
Moderate Pelvis And Hip Injuries (i)£32,450 to £47,810
Serious Shoulder Injuries£15,580 to £23,430
Simple Fractures to Tibia or Fibula or Soft Tissue InjuriesUp to £14,450
Wrist Injuries (d)£7,420 to £12,630
Whiplash with Psychological Harm lasting 18-24 months£4,345
Whiplash symptoms for 18-24 months£4,215

Can I Claim For The Financial Impacts Of My Injuries?

If you sustained injuries and this resulted in financial losses, you may be compensated for this with special damages. Some examples of financial losses you may receive include:

  • Lost income/wages
  • Lost work benefits
  • Medical and travel costs
  • Costs for special equipment

However, you must provide evidence of financial losses such as:

  • Income documents
  • Bank/credit statements
  • Bills/receipts

An advisor from our team can give you a free public transport accident claim valuation and discuss what evidence you’ll need to submit in order to include special damages.

Will The Whiplash Reforms Affect My Claim?

Certain road traffic accident claims may have to be made in a different manner. This is due to the Whiplash Injury Regulations 2021. If you are:

  • 18 or older.
  • A passenger or driver of a vehicle.
  • Sustained injuries valued at £5,000 or less.
  • Suffered these injuries in a road traffic accident in England or Wales.

Your claim might be made through the Whiplash Reform Programme. Furthermore, any whiplash injuries will be valued in accordance with the tariff set out in the Whiplash Injury Regulations (see our table above). Any additional injuries that are not found in this tariff will be valued in the traditional manner.

For more information about the Whiplash Reforms or advice about your claim, please speak to a member of our advisory team.

How We Could Help You

If you think you might be eligible to make a public transport accident claim, why not get in touch today? An advisor will:

  • Assess the circumstances of your accident and let you know if you satisfy the eligibility criteria to claim.
  • Value your potential compensation to ensure that you are claiming everything you could be entitled to.
  • Advise you on the next steps. If you are eligible and decide to pursue a personal injury claim, they could connect you to one of the solicitors from our panel.

A specialist personal injury solicitor from our panel could help:

  • Gather the evidence that proves negligence occurred.
  • Ensure that the claim is filed both in full and on time.
  • Guide you through the stages of the personal injury claims process.
  • Explain any complex legal jargon.
  • Make sure that your claim is accurately valued and negotiate for a settlement that reflects your damages. Once your personal injury claim is settled, you will not be able to reopen it for any reason, even if more damages become apparent.

What Does No Win No Fee Mean?

Our panel of solicitors offer their No Win No Fee services under a Conditional Fee Agreement (CFA). This means that:

  • You will not pay upfront or ongoing costs towards your solicitor’s work on your claim.
  • If your claim is unsuccessful, then you will not be required to pay for your solicitor’s services.
  • Only if your claim is successful will you have anything to pay. This is a success fee that is deducted from your compensation. The percentage that can be taken as this fee is capped by a legal limit.

To discuss starting a public transport accident claim:

A solicitor explains a public transport accident claim to a client sat at a desk with open notebooks, gavel and scales.

Learn More About Claiming For A Personal Injury

For more information on personal injury claims, access the following links:

References:

We hope this guide on making a public transport accident claim was helpful. If you have any further questions or to get a personal injury claim started, please speak to a member of the team today.