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Public Transport Accident Claims – Who Is Liable And How To Claim

Picture of Tracy Chick
Tracy Chick

Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field.

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Public transport accident claims can be made if you suffer injuries due to a service operator’s failure to take reasonable measures to ensure your safety whilst travelling. These accidents can happen in an instant, often resulting in life-changing injuries, such as permanent spinal trauma or brain damage. Whether you suffered whiplash in a bus collision or fractured your ankle after falling on a poorly maintained ferry, our panel of expert solicitors at Legal Helpline are here to provide you with expert, compassionate legal support.

We recognise that the consequences of such incidents can be long-lasting, particularly when you face mounting medical costs, a disrupted routine, and lost earnings due to being unable to work. At such a difficult time, our advisors are here to provide clarity and help you understand your legal options. Starting a compensation claim can feel daunting, but our panel is dedicated to delivering hands-on support and guidance throughout the process. While compensation cannot undo the harm you experienced when using public transport, it can provide financial relief and be used to cover medical needs and lifestyle adjustments. If you would like to learn more about how our panel of specialist personal injury solicitors can help you, please contact our advisory team today.

Jump To A Section 

  1. What Are Public Transport Accident Claims?
  2. Can I Claim For An Accident Whilst Using Public Transport?
  3. What Types Of Accidents On Public Transport Could Claims Be Made For?
  4. Examples Of Injuries Sustained On Public Transport
  5. How Much Compensation Can Be Paid Out After A Public Transport Accident?
  6. What Will I Need To Pursue A Claim For Public Transport Injuries?
  7. Public Transport Injury Compensation With Our Panel Of Expert Solicitors
  8. Claim For Public Transport Accidents On A No Win No Fee Basis
  9. Learn More

What Are Public Transport Accident Claims?

Public transport accident claims are legal actions to seek compensation for injuries sustained in incidents involving buses, coaches, trains, taxis, or boats due to a third party’s negligent actions. Settlements in successful claims can account for the full scope of your physical injuries, psychological trauma, and associated financial losses.

At Legal Helpline, our panel of solicitors understand that after a traumatic event involving public transport, your main focus is on recovery. That is why they provide tailored support focused on securing compensation to cover immediate costs and any long-term rehabilitative or care needs.

To discuss your situation with us, please get in touch with our advisors today.

An interior view of an empty train carriage

Can I Claim For An Accident Whilst Using Public Transport?

Yes, you can claim for an accident whilst using public transport, provided that it can be shown that the injuries you sustained were caused by a third party’s negligent conduct. In order to be eligible to make a public transport injury claim, you must satisfy the eligibility criteria outlined below.

The Operator of The Public Transport Owed You a Duty of Care

All operators of public transport services, including buses and trains, owe a duty of care to their passengers. This duty is set out in the Occupiers’ Liability Act 1957 and requires them to take practical action to ensure the reasonable safety of all visitors, such as regularly servicing their fleet, providing appropriate staff training, and clearly highlighting hazards. 

In addition, bus drivers must ensure they travel safely on the roads and avoid causing harm to themselves and other road users, including motorists, pedestrians, cyclists, and passengers. They must also adhere to the Road Traffic Act 1988 (RTA) and the Highway Code.

That Duty of Care Was Breached

You must then show that the transport operator failed to uphold their duty of care. This could arise if a bus driver exceeds the speed limit, a train conductor leaves the platform without sufficient warning, or a taxi driver fails to check for oncoming traffic. 

The Breach Resulted In Your Injuries

Finally, you must demonstrate that the transport operator’s breach of duty directly caused your injuries. While whiplash, fractures, and head trauma are common in these types of accidents, you can pursue compensation for any severe or minor injury you sustained. 

Get in touch with our advisors today for a free case consultation, and find out in minutes whether you have grounds to begin the public transport accident claims process with our panel at Legal Helpline.

What Types Of Accidents On Public Transport Could Claims Be Made For?

Claims could be made for many types of accidents on public transport, ranging from bus collisions caused by mechanical failures to trips on unsafe boat decks due to inadequate maintenance. The legislation that applies to your case depends on the mode of transport and where the accident occurred. Below, we discuss some examples of how these accidents may arise and situations where you could have grounds to make a claim with us:

Claims can be pursued for various incidents occurring on public transport, ranging from high-impact collisions to injuries caused by poor vehicle maintenance. The legislation governing your claim depends on the mode of transport and where the incident occurred.

Bus Or Coach Accidents

Bus companies have a legal obligation to comply with the OLA 1957, while their drivers must follow the RTA 1988 and the Highway Code. An accident on a bus or coach could lead to injuries if, for example:

  • A bus driver is speeding and fails to pay attention to the road, forcing them to brake suddenly as they approach a red traffic light. They cannot stop in time due to their speed, resulting in a severe impact with your stationary vehicle. This leads you to sustain severe injuries, including fractured bones, lacerations, and head trauma
  • Poor fleet maintenance allows loose fittings in a coach seat to go unnoticed. This results in the seat collapsing beneath you, leaving you with a dislocated shoulder.

Train Accidents

Train operators have specific duties set out by rail safety legislation and the OLA 1957. You may be able to make a train accident claim in scenarios like the following:

  • Despite several reports about a malfunctioning door, the operator fails to remove the carriage from use or tape the entry off. This causes you to suffer severe crush injuries when your hand becomes trapped as the door suddenly closes.
  • Staff have failed to regularly maintain a handrail on a train, leading you to fall while exiting at a station. You sprain your neck and suffer a serious back injury as a result.

Taxi Accidents

Liability in these types of accidents depends on whether the fault for your injuries lies with the taxi driver or another road user. Given this, who you make a taxi accident claim against will depend on the circumstances of the incident, such as:

  • Your taxi driver runs a red light at a junction while going over the speed limit. They collide with another vehicle, resulting in you sustaining a broken arm and whiplash injuries.
  • Another motorist crashes into the side of the taxi you are a passenger in while distracted by their phone. The impact of the collision leaves you with a broken leg.

Boat Or Ferry Accidents

The legislation applicable to your boat or ferry accident will depend on where it happened. If the incident occurred within UK waters, operators will have a duty of care to passengers set out in the OLA 1957. However, liability for injuries, death, loss or damage to luggage during sea voyages in international waters is governed by the Athens Convention.

You could be injured in a boat or ferry accident if:

  • You suffer from food poisoning on board a cruise ship when the chef fails to practice good hygiene while preparing dishes for passengers. This results in severe toxicosis and long-term kidney damage.
  • Poor maintenance on a ferry you are travelling on means loose deck pannelling is overlooked by the ship’s operator. While heading to the onboard café, you trip on one of the raised panels and fracture your wrist in the fall. 

These examples are by no means exhaustive, and only some of the varied ways that you might have grounds to pursue compensation.

So, if you’d like to discuss the circumstances of your own accident, please get in touch with our advisors today. They’re on hand to listen to you, offer support, and advise whether you may be eligible for public transport compensation.

The side of a ship on international waters

Examples Of Injuries Sustained On Public Transport

Injuries sustained in public transport accidents range from soft tissue damage, including whiplash, to life-changing head or spinal trauma. Specific examples include:

These are not the only injuries that might be suffered while using public transport, so get in touch with our advisors to discuss your own experience and learn how we can help you seek compensation today.

How Much Compensation Can Be Paid Out After A Public Transport Accident?

The amount of compensation that can be paid out after a public transport accident is dependent on the types of injuries sustained, the severity of these injuries and the duration of your expected recovery time. Compensation in public transport accident claims can consist of general damages and special damages:

  • General damages: The head of claim that compensates for the physical and psychological injuries caused by your accident, as well as the broader impact on your daily life. To value this head, our panel may refer to the Judicial College Guidelines (JCG). This document is particularly useful for this task, as it provides injury categories, severity levels, and corresponding compensation guidelines.
  • Special damages: The second head, designed to cover out-of-pocket expenses resulting from the injuries you suffered. We discuss this in more depth in our section below. 

We’ve provided a table below with some of the brackets from the JCG, including those for brain injuries and paralysis. Please note that the top entry has not been taken from the JCG, and that this table is for guidance only, meaning it is not a guarantee of compensation for successful public transport accident claims*. 

Additionally, the whiplash entries have been taken from the fixed tariffs set out in the Whiplash Injury Regulations 2021.

Injury SeverityCompensation
Several Very Severe Injuries + Special DamagesVery Severe - with financial losses including lost income, medical expenses, and home adaptations Up to £1,000,000+
ParalysisTetraplegia - significant sensory impact and a very limited ability to communicate £428,850 to £533,720
Paraplegia - the amount awarded will depend on the degree of independence, and any impact on age and life expectancy £289,420 to £375,540
Head or Brain Injury Very Severe - very limited if any response to environment, and some very limited ability to follow basic commands£372,570 to £533,720
Moderately Severe - injured person will experience a serious level of disablement, and a large reliance on others for care£289,420 to £372,570
Leg AmputationBelow-Knee Amputation of Both Legs - the level of the award will depend on the severity of phantom pain or other psychological problems£266,200 to £356,840
Arm Amputation Loss of One Arm (ii) - above the elbow amputation £144,860 to £172,970
Arm InjuriesInjuries Resulting in Permanent and Substantial Disablement - serious fractures of one or both forearms where there is permanent residual disability£51,750 to £79,080
Whiplash and Associated Psychological InjuriesLasting longer than 18 months but not more than 24 months£4,975
Whiplash InjuriesWithout psychological harm but still lasting longer than 18 months but not more than 24 months£4,830

*If, however, you’ve been injured on a ferry in international waters, you would be claiming under the Athens Convention, meaning that the JCG figures above would not be used when valuing your compensation.

Can Public Transport Accident Claims Cover Special Damages?

Yes, public transport accident claims can also cover special damages if you incur financial expenses as a result of your injuries. This head of claim is designed to account for immediate losses as well as projected costs related to reduced earning potential or future care needs linked to your injuries, including:

  • Loss of income if your injuries have left you unable to work, or affected future earnings
  • Medical expenses for private treatments and ongoing prescriptions
  • Care expenses, whether professional help or unpaid domestic support
  • Rehabilitation costs, such as therapy for travel-related anxiety or physiotherapy to help you restore mobility and function
  • Home adaptations, such as ramp installations or wet rooms, to improve accessibility
  • Repairs or replacement of personal belongings damaged in the public transport accident

In addition to the special damages above, you could also recover any related travel expenses if you have to pay for alternative transport following the incident. However, in order to be compensated for your losses, you will need evidence. This typically includes payslips, invoices and receipts.

Get in touch with our advisors today for more information about what financial losses could be recovered in your own claim.

What Will I Need To Pursue A Claim For Public Transport Injuries?

To pursue a claim for public transport injuries, you will need evidence showing how another party’s negligent actions caused the harm you suffered. You must also ensure that your claim is started within the appropriate time limit. 

Below, we discuss the different types of evidence that might be useful for your case, and how long you may have to begin your claim.

How Can I Prove Liability For Public Transport Accidents?

You can prove liability for public transport accident claims with evidence that demonstrates how the negligent actions of the operator, driver, or another party resulted in your injuries. This may include dashcam recordings, onboard CCTV footage, a copy of the transport provider’s accident book entry, and the contact information of fellow passengers or bystanders who witnessed the incident. If the accident occurred on the road, you should collect the names, addresses, insurance details, and vehicle registration numbers of all parties involved. Our guide on using evidence provides further information on proving liability.

How Long After Sustaining Public Transport Injuries Can I Claim?

After sustaining public transport injuries, you will generally have 3 years from the date of the accident to start your claim. This is established under the Limitation Act 1980, and it is important to begin the process within this window to avoid missing out on the opportunity to seek compensation. With this said, exceptions may apply, as detailed in our guide on time limits.

Get in touch with our advisors for more information on what evidence may benefit your claim, or to learn more about the time limit exceptions.

The interior of an empty public bus

Public Transport Injury Compensation With Our Panel Of Expert Solicitors

At Legal Helpline, our panel of expert solicitors has extensive experience supporting passengers and other injured road users through the public transport accident claims process. By providing compassionate and personalised representation, our panel ensures that your physical and mental needs are met throughout the entire claim, aiming to secure a settlement that reflects your immediate losses and future care needs.

Having a legal team at your disposal that offers support and takes a holistic approach to client care can make a significant difference. From listening to your experience to gathering evidence to build a compelling case, our panel will be with you every step of the way by:

  • Using decades of collective experience to establish the chain of events that triggered the incident and any failings of the public transport provider
  • Helping you obtain evidence, such as telematics (black box) system data, maintenance logs, or CCTV footage from the operator
  • Providing regular updates about how your claim is progressing, and a dedicated point of contact throughout the process
  • Navigating all legal complexities on your behalf so that you can remain focused on your recovery
  • Connecting you with appropriate rehabilitative services, including physiotherapists and orthopaedic consultants experienced with whiplash, spinal trauma, and other injuries commonly associated with public transport accidents

Our panel of solicitors work tirelessly to provide their clients with the support they need to pursue compensation that offers long-term financial stability and security. Get in touch for more information on how they can help you claim today.

Claim For Public Transport Accidents On A No Win No Fee Basis

At Legal Helpline, you can pursue a public transport injury claim on a No Win No Fee basis with our panel of expert solicitors. We understand that claimants often have concerns about affording legal representation. That’s why our panel offer their services using a specific type of contract called a Conditional Fee Agreement (CFA), which means:

  • You’d have no upfront payments towards the work of your solicitor
  • You do not make any ongoing service fee payments whilst your claim progresses
  • You’d have nothing to pay in service fees if the solicitor does not secure compensation for you

If your public transport claim is successful, then a legally capped percentage of your compensation will be deducted. This is aptly referred to as a success fee, and your solicitor will discuss it with you before your claim starts to ensure that you are fully informed about the process. Due to the cap set by the Conditional Fee Agreements Order 2013, you can have confidence from the outset that you will receive the majority of your compensation.

Contact Legal Helpline

Get in touch with our advisors today to find out in minutes whether you might be eligible to start the public transport accident claims process with tailored support from a solicitor on our panel. You can reach them by:

A specialist solicitor discusses the evidence needed during the public transport accident claims process

Learn More

We have several other guides that may be relevant to your situation, including:

Helpful external resources:

Thank you for reading our public transport accident claims guide, and please get in touch if you have any questions.

Author

  • Tracey Chick author - Legal Helpline

    Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field. When she's not immersed in the complexities of legal cases, Tracy loves to be outdoors, particularly enjoying any kind of water-related activity.

    View all posts Road Traffic Accidents Lawyer
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