How To Claim For An Accident On Public Transport
This guide will review the claim process for an accident on public transport. In this case, there would be the opportunity to claim for a public liability claim or a road traffic accident claim depending on the context. This article will provide information regarding the different claims.
Because this is a personal injury claim, you must prove that your injuries were due to the duty of care that was owed to you as a passenger on public transport was breached in order to match the eligibility criteria.
In order to prove this, evidence will be an important factor, and we will give you some examples of evidence that can be used to support a claim.
Furthermore, a compensation table containing injuries and severities will be included to give you an idea of how compensation is worked out.
If you would like more information on claiming for an accident on public transport, contact us using the details provided, one of our advisors can assess whether you have a claim and may connect you to one of the No Win No Fee personal injury solicitors on our panel. Contact details:
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- How To Claim For An Accident On Public Transport
- Time Limits To Claim For An Accident On Public Transport
- How To Prove Your Public Transport Accident Claim
- Examples Of Payouts For An Accident On Public Transport
- Why Claim For An Accident On Public Transport With Our Panel Of No Win No Fee Solicitors?
- Related Road Traffic Accident Claims
In order to satisfy the eligibility criteria to claim, you must prove negligence. In sum, negligence is a failure to adhere to the duty of care placed on a person or party by law and that this breach caused a person harm. Operators of public transport owe their passengers a duty of care.
Therefore, if you meet the criteria below, you may be eligible for a personal injury claim after an accident on public transport.
- Firstly, you will need to show that a third party had a duty of care for your safety.
- Secondly, you will need to show how this duty was breached
- Thirdly, proving that the injury you suffered resulted from this breach.
Liability For Crashes Or Collisions
Every road user has a duty of care to ensure that they drive reasonably safely to prevent injury to themselves or others. This is outlined under The Road Traffic Act 1988. The Highway Code highlights the guidelines and rules to help prevent accidents whilst using the road. When making road traffic claims, you will need to prove that a third party was responsible for what happened. If you are a passenger injured in a bus accident or taxi accident, there could be numerous parties that could be liable, such as the bus, taxi or another vehicle driver.
Liability Under The Occupiers’ Liability Act
Injuries may happen on public transport but not be caused by collisions or crashes. For example, a slip, trip or fall injury could happen on a bus, train or other forms of public transport. In this case, the duty of care would be provided under The Occupiers’ Liability Act 1957. This act places a “common duty of care” on occupiers of public space to ensure that the premises are reasonably safe to visitors for the purposes of the visit.
Personal Injury claims have a set time limit that can be found in the Limitation Act 1980. The act generally dictates that personal injury claims should be started within three years of the accident to have a valid claim.
However, some circumstances can extend the limitation period.
- If a claimant is mentally incapable of claiming for themselves, their limitation period would be halted until they regained capacity, from which the three years would ensue. While the person does not have the mental capacity to make their own claim, a litigation friend can be court-appointed and act on their behalf.
- Any claimant under 18 cannot issue a claim, so their limitation period will only begin from the date of their 18th birthday. A litigation friend could claim on the child’s behalf while they are still a minor.
Evidence is a great way to strengthen a claim after an accident on public transport because it will be used to prove the extent of your injuries and their effects, as well as show liability for the accident.
Here are some examples of evidence that could be used to support a claim:
- CCTV footage of the accident.
- Dashcam footage.
- A diary of your symptoms and treatment.
- Copies of your medical records.
- Eyewitness contact details.
One of the services a solicitor from our panel can provide is to help collect evidence to reinforce your claim. Contact us for free using the number at the top of your page; one of our friendly advisors would be happy to help.
There are two heads of claim that you may receive compensation for following a successful claim. Accounting for the direct impact the injury has had on your life, general damages will factor in the pain and suffering of your injury.
Additionally, the other head of claim is known as special damages; this will take into account the financial losses incurred due to your injuries. Below are some examples:
- Loss of earnings.
- Future loss of income.
- Travel expenses.
- Medical costs.
Figures in this table are taken from the Judicial College Guidelines (JCG), a tool used by legal professionals to help value claims. The JCG is used when working out the value for injuries. Please note that the table is only a guide. Each and every personal injury claim is unique, and therefore circumstances will dictate how much is awarded.
Injury Value Notes
Very Severe Brain Injury £282,010 to £403,990 Cases where the injured person has little to no meaningful response to environment.
Paraplegia £219,070 to £284,260 Awards will take into account: amount of pain, level of independence and life expectancy.
Moderate Brain Injury (i) £150,110 to £219,070 Moderate to severe intellectual deficit, a personality change and effects on speech, sight and senses.
Severe Back Injuries (i) £91,090 to £160,980 Spinal cord and nerve root damage causing a combination of serious consequences.
Loss of One Arm (iii) £96,160 to £109,650 Below elbow amputation.
Wrist injuries (a) £47,620 to £59,860 Injuries resulting in complete loss of function.
Moderate Neck Injuries (i) £24,990 to £38,490 Fractures or dislocations which cause severe immediate symptoms.
Modest Ankle Injuries Up to £13,740 Less serious, minor or undisplaced fractures.
Whiplash Injuries With Minor Psychological Harm 2(1)(b) £4,345 Injuries with symptoms lasting over 18 months but no more than 24.
Whiplash 2(1)(a) £4,215 Injuries with symptoms lasting over 18 months but no more than 24.
Does The Whiplash Reforms Affect My Claim?
If you are making a personal injury claim following a road traffic accident, then your case may be affected by the Whiplash Reform Programme. As of the 31st May 2021, the way drivers and passengers over the age of 18 make a personal injury claim when the injuries are valued at £5,000 or less has changed. Therefore, these claimants will make their claim through a different avenue.
If you have suffered whiplash injuries, they will now be valued in line with the tariffs set in The Whiplash Injury Regulations 2021, you will see examples in the last two entries of the table. All other injuries will be valued in the traditional way.
To find out how you would make your personal injury claim after a road accident, call our advisors now for free advice.
Solicitors from our panel offer their services via a No Win No Fee agreement. One such agreement can be a Conditional Fee Agreement, which allows a claimant to instruct a solicitor without needing to pay any upfront fees.
In addition, the claimant won’t be required to pay any ongoing fees for a solicitor’s services and will only be charged by the solicitor after a successful claim.
Following a successful claim, a success fee will be taken by your solicitor; this will be a percentage of your compensation.
Furthermore, the percentage is usually agreed upon prior to the start of your claim and is protected under The Conditional Fee Agreements Order 2013, meaning your solicitor cannot overcharge you.
How To Contact Us
If you would like to get in touch with us about a potential claim for an accident on public transport, you can contact us for free using the details provided below. One of our advisors will be happy to help and may forward you to a solicitor from our panel. Contact details:
During this section, we will provide you with additional resources:
Here are some of our guides you can browse:
- A guide on claiming for a back injury after a car accident.
- Find out how to claim for an accident in a public place.
- More information on fatal car accident claims.
- A guide on passenger road traffic accident claims.
- Find out how the road traffic accident claims process works.
Additional links from reliable external resources:
- GOV.UK – Learn how to request CCTV footage of yourself.
- NHS – Find out how to get your medical records.
- Police.UK – Driving offences.
To find out if you can make a personal injury claim after an accident on public transport, call our advisors for free today.