Can You Claim for Accidents That Happen on Public Transport?
You can make a personal injury claim for an accident that happens on public transport, if the accident was not your fault (or at least, it was not entirely your fault).
Public transport accidents
Accidents on public transport can and do happen. Passengers may be hurt in a collision, a near-miss, or some kind of defect on-board. Accidents may also arise if employees fail to follow safe practices and protocols. This includes a bus stopping a significant distance from the curb, or a ferry failing to safely load vehicles.
Whatever the scenario, the law remains the same: if you are injured because of a wrongful act or because of someone else’s negligence, you are entitled to make a personal injury claim.
Do you have grounds for a claim?
This means that if you have been injured while travelling on public transport, you could have grounds for a claim. Most public transport claims involve bus accidents. However, you might also have been harmed while travelling on a train, a ferry, the SeaBus, the SkyTrain or some other mode of public transport.
To find out for certain, it is best to speak to our Vancouver personal injury lawyers. We can confirm your legal rights once and for all.
What does a public transport claim involve?
The majority of public transport claims occur in Vancouver and the Lower Mainland, where the primary operator is TransLink. In these cases, the claim may actually be made against ICBC, just as it would in a car accident. So, if a bus driver is alleged to be at-fault for your injuries, ICBC will defend the driver. It is recommended that you have your own legal representative.
Public transport claims can also be made against other insurers. It all depends on where your accident happened and who the operator is.
In the past, when a passenger was injured on a bus, it was up to the driver to establish his innocence. This is no longer the case. Instead, if you are harmed while travelling on public transport, you must prove on the balance of probabilities that the defendant breached their duty of care towards you.
As Vancouver personal injury lawyers, we can manage your case on your behalf, proving beyond reasonable doubt that you were wrongfully harmed.
Compensation for public transport accidents
If your claim is successful, you will be awarded a sum of compensation. Your damages are intended to cover things such as your lost income, your damaged property and the cost of ongoing medical treatment. You will also be given an award for the pain and suffering you have experienced through no fault of your own.
If you were partially to blame for your injuries, then this compensation award will be reduced to reflect your involvement.
Vancouver personal injury lawyers
Whether you have been harmed on a TransLink bus, a BC Ferries ferry, or another mode of transport in British Columbia, we can help you.Go back to Blog