Am I Eligible to Claim Compensation if I’m Injured on a Bus?
In order to have a valid bus passenger accident claim and receive compensation for your injuries, you’ll need to consider three main factors:
- Fault and Liability: Assess whether the accident was someone else’s fault. If another party is responsible for the accident, you likely have grounds for a claim. If you are responsible for your own injuries, you won’t be able to claim.
- Medical Treatment: Successful claims often require evidence of medical treatment. If you’ve sought medical attention for your injuries, it strengthens your case.
- Time Frame: In most cases, claims must be made within three years of the accident. Exceptions apply if the injured party is under 18.
In all cases of someone making a claim, they are doing so because they have been injured as a result of someone else’s mistake or negligence. Common scenarios leading to bus or coach accident compensation include:
- Colliding with another vehicle, a road sign, bus stop or kerb.
- Losing control and leaving the road.
- A driver not allowing a vulnerable person sufficient time to take a seat before pulling away from a stop, causing them to fall.
The bus company’s duty of care
Bus and coach companies (and their employed drivers) have a duty of care to their passengers. Those that fail to ensure passenger safety through compliance with relevant vehicle maintenance, adequate driver training and safety warnings, may well be liable should any injuries happen to the passengers travelling on their vehicle. Any person injured in this way is entitled to make a claim for personal injury compensation.
Furthermore, drivers should pay extra attention to vulnerable passengers who are at greater risk of injury:
- Children riding a school bus
- Disabled passengers with mobility issues or in a wheelchair
- Pregnant women or passengers pushing a buggie
- Elderly passengers
If the bus or coach wasn’t at fault, the third-party driver or their insurers are responsible for compensating passengers they injure. It’s important to know that you could still claim even if the other party was uninsured or left the scene in a hit and run accident.
Hit-and-run incidents can add complexity to a bus accident claim. However, if the other vehicle involved in the accident didn’t stop or was uninsured, you can still claim compensation through the Motor Insurers’ Bureau, who compensate victims of untraced and uninsured drivers.
If the bus accident resulted in injury to your child, you can become their ‘litigation friend’ and make a claim on their behalf. Children who were under 18 when the accident occurred have until they reach the age of 21 to file a claim. This allows them to bypass the usual 3-year time limit.
How much compensation can I get?
Bus accident compensation payouts depend on what kind of injury you sustained, how severe it is and how it affects your life.
As a guide, here’s some common bus passenger injury claim values:
| Type of injury | Compensation amount |
|---|---|
| Whiplash | £240 - £4,345 |
| Minor brain or head injury | £2,070 - £11,980 |
| Fractured Cheekbone | £2,180 - £9,570 |
| Wrist injury | £3,310 - £44,690 |
| Hip or pelvis injury | £3,710 - £24,950 |
| Fractured forearm | £6,190 - £18,020 |
| Permanent back injury | £11,730 - £26,050 |
| Serious shoulder injury | £11,980 - £18,020 |
| Ankle injury | £12,900 - £46,980 |
You can also claim for special damages, which would include your financial losses. As part of this, your compensation settlement will make up for lost income now and in the future if the injuries have prevented you from working.
Your solicitor will inform you of the expected compensation amount once they have collected all the facts and evidence. They’ll also explain the expenses you can claim for on top of any injury, potentially upfront before the claim is settled:
- Lost earnings if you have been unable to work
- Future loss of income if you can’t return to work
- Psychological after effects, such as PTSD
- Changes to your home and transport needs
- Private medical treatment
- Ongoing care costs
- Miscellaneous expenses (bus fares, painkillers etc)
Accessing private medical treatment
If successful, a claim can release funds from the liable party to pay for private medical treatment and rehabilitation therapies to speed the recovery process of the injured party.
Bus accidents often involve soft tissue injuries such as whiplash, a back injury or broken bones, and such rehabilitation would most likely involve physiotherapy, osteopathic/chiropractic or massage therapies. Any private treatments will be provided at the expense of the third party dealing with your claim and their cost will form part of the value of the total settlement. Further information on this will be available from your solicitor once your claim has been active for a sufficient amount of time.
No Win No Fee claims for injured bus passengers
“No win no fee” agreements, also known as Conditional Fee Agreements (CFAs), offer a financial safety net for passengers seeking compensation after being injured in a bus accident. This arrangement means that you can pursue a claim without the worry of upfront legal fees. Here are the key aspects of no win no fee claims in the context of passenger injury compensation:
- Risk-Free Legal Representation: Under a no win no fee agreement, you will not be required to pay your solicitor’s fees if your claim is unsuccessful. This removes the financial risk associated with pursuing compensation.
- Success Fee: If your claim is successful, your solicitor will receive a success fee as a percentage of the compensation awarded. This percentage is agreed upon in advance and is capped by law to ensure you keep the majority of your compensation.
- Insurance: To protect against potential costs, such as the defendant’s legal fees in the event of an unsuccessful claim, your solicitor may advise taking out an After The Event (ATE) insurance policy. This insurance covers these costs, so you’re not left out of pocket.
- Transparency: Solicitors offering no win no fee agreements are required to explain the terms and conditions clearly before you agree to proceed. This ensures you are fully informed about any potential costs or fees involved.
- Access to Justice: No win no fee agreements make legal representation accessible to those who might not otherwise afford it. This means that as an injured passenger, you can seek the compensation you deserve without financial barriers.
- Incentive for Solicitors: Since solicitors only get paid if they win, there’s a strong incentive for them to only take on cases they believe have a good chance of success. This can provide you with reassurance about the strength of your claim.
Considerations for Passengers
When considering a no win no fee agreement for your bus passenger injury compensation claim, it’s important to:
- Choose the Right Solicitor: Look for a solicitor with experience in handling passenger injury claims under no win no fee agreements. Their expertise will be invaluable in navigating the claims process and maximising your compensation.
- Understand the Agreement: Ensure you fully understand the terms of the no win no fee agreement, including the success fee and any potential costs you might incur.
No win no fee agreements provide a vital pathway for injured passengers to pursue compensation without the worry of upfront legal costs. By understanding how these agreements work and choosing the right legal representation, you can confidently move forward with your claim, focusing on your recovery while your solicitor handles the legal complexities.
The evidence you’ll need for proof
A successful no win, no fee bus passenger accident claim will depend on having the right evidence in place.
A solicitor will need evidence to present a compelling case to the defendant insurers and demonstrate that the claim is justified. At the very least, they will need to be able to prove that the bus accident has happened and that injuries have been treated professionally.
This would seem a fair enough requirement, but how do you do that? How can you make sure that the details of your bus accident are properly reported and recorded? Who should you speak to? What evidence can you provide to prove your claim and maximise your chance of success?
Medical reports
Medical records provide expert evidence confirming the cause and severity of injuries, as well as recommended treatments and a prognosis for recovery. They’re an important part of your claim that your solicitor can use to build your case and seek the correct amount of compensation.
If you have not yet seen your GP, you can still pursue a claim and you can contact us for advice and support in this.
While you will need an independent medical assessment to make a claim, you won’t need to pay for it and your solicitor will arrange one local to you.
Incident reports
With all claims for compensation, it is really important to report and record your accident with the right people.
Bus accidents should be recorded with the operating company. In most cases, when a qualified bus or coach driver is involved in a collision, they will ensure that they have properly recorded the necessary details. Then you will simply need to obtain an incident reference from the company. You should contact them as soon as possible to obtain this and report your involvement in the accident.
If you haven’t completed these steps already, we can help you to do so.
Insurers will exploit all areas of weakness in any claim, especially in claims for bus accident compensation. To combat this, there are some helpful things that you can do to ensure a strong case.
What to do after a bus accident to protect your rights
Here is a useful checklist of how to protect your rights if you’re involved in a bus accident, and give your claim the very best chance of success:
- Retain proof of travel. If you have a bus ticket, keep it. This proves that you were on the bus at the time of the accident
- Ensure that the driver takes your details in full, including a description of any injuries
- Take the name and ID of the driver of the bus and any other vehicles involved
- Record the bus service number and registration plate
- Record the registration plate of any other vehicles involved
- Note the accident location – street name and any landmarks
- Take the details of any fellow passengers who may be witnesses
- If the police attend, take details of the investigating officer and ideally a collision reference number
- Contact the customer services department of the bus company to further report the accident and make sure that your involvement is recorded
- Attend your GP surgery or local A&E asap, or should any injury symptoms worsen. This will add further medical evidence to support your claim
Remember, time is of the essence, so don’t delay. The sooner you start your claim, the sooner we can fight for the compensation you deserve. Our team is here to support you every step of the way, ensuring that your rights are protected and your voice is heard.
Bus and coach accidents can result in a range of injuries to passengers, each with its own implications for recovery and compensation. Common types of injuries include:
- Head Injuries: Including concussions and traumatic brain injuries.
Slips, trips and falls on a bus
The majority of injuries on a bus are caused by a slip, trip, or fall. Such accidents commonly result in head trauma, dislocations, knee injuries, broken bones and lacerations. They usually happen in these circumstances:
- Getting on or off the bus
- Standing up because of no available seats
- Finding a seat after the bus has set off
- Coming off your seat due to an impact or heavy braking
- If the floor is wet and slippery
The driver and bus company must take the necessary safety measures to create a safe environment for passengers. They must ensure walkways and bus steps are up to standard, kept dry and obstruction-free.
If they fail to do so, they are risking passenger safety and could be held liable for any injuries. As such, you’d have a strong chance of success if you decide to make a claim.
Most bus injury claims arise from the following causes:
- Vehicle Collisions: Accidents involving cars, trucks, and other vehicles.
- Road Hazards: Conditions such as potholes, uneven surfaces, or debris.
- Pedestrian Collisions: People or animals walking out into the road.
- Sudden Stops: Falling over on the bus if it brakes hard.
- Moving Off: The driver sets off before passengers are seated.
- Flying Objects: Being struck by unsecured luggage or buggies, for example.
Bus company negligence
Negligence on the part of bus companies is a common factor contributing to bus accidents. Some may overlook essential inspections and regulations, compromising public safety. Inadequate maintenance and inspection procedures within these fleets may serve as the root cause of bus accidents.
To ensure the roadworthiness of vehicles, bus and coach companies are required to:
- make sure vehicles have safety inspections on time
- keep records of all safety inspections, routine maintenance and vehicle repairs for 15 months
- keep vehicles parked at their operating centre when not in use
- make sure drivers complete daily checks on vehicles before they are used
- ensure they keep written records of any defects
Bus driver negligence and fatigue
The negligence and fatigue of bus drivers also contribute significantly to accidents.
Adherence to regulations governing bus drivers, including hours of service and required breaks, is not consistently observed. Operators need to check that drivers are keeping within the drivers’ hours rules. Prolonged driving hours often result in driver fatigue, a major factor in accidents.
Distractions such as phone calls, texting, interactions with passengers, and eating or drinking while driving further increase the risk of an accident.
All bus drivers must have received the proper training and drive according to the road and weather conditions, taking all required precautions.
It’s impossible to say how long a claim will take as each one is different, but our team will ensure your claim is dealt with as efficiently as possible. Understanding the timeline of a bus accident injury claim is essential for managing expectations. The duration of a claim can vary based on factors such as:
- Severity of Injuries: Complex injuries may require a more extended recovery period and, consequently, a longer claims process.
- Dispute Resolution: Negotiating a settlement may take time, especially if liability is contested or negotiations are ongoing.
- Legal Proceedings: Although unlikely in most cases, if a settlement isn’t reached the case may go to court, extending the overall duration.
As all bus and coach accident compensation claims are made on a No Win No Fee basis with us, you will never be charged if your claim does not succeed. If you do win, you contribute around 25% of your compensation towards your legal fees.
Our friendly team will guide you through the initial process. We understand that this may be a stressful time for you, so we aim to make it as simple and straightforward as possible.
We will ask you a few questions to gather the essential details about your accident. This information will enable our skilled solicitors to begin working on your case immediately. Rest assured, we handle all cases with the utmost professionalism and confidentiality.
If you prefer, you can also fill out a quick online form. This will provide us with the necessary information to assess your claim and get the ball rolling.
How to start your bus passenger injury claim
We’ve been helping claimants win bus accident compensation for almost 30 years. To find out if you can claim, please call our team on 01225 430285, or if you prefer, we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.
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