For many, public transport is an inevitable part of life. Whether you catch public transport to school or work, or share the roads with public transport vehicles, it’s everywhere. Unfortunately, a number of people are injured by public transport road accidents every day and, quite often, through no fault of their own.
Although these accidents can result in serious injuries for the parties involved, many people remain unaware that they are entitled to compensation just as much as any other road accident. Read on to find out more about how you can receive compensation for public transport road accidents.
What is a public transport accident claim?
Before you begin a public transport accident claim, it is important to know if you have ample grounds to make such a claim. Compensation lawyers will assess your situation and provide you with legal advice on what your best course of action is.
Usually, public transport accidents that result in or contribute to injury to an individual, are considered sufficient grounds for making a compensation claim. These injuries may come about in a number of ways and include injuries sustained due to buses, trains, light rails, ferries, and bus or train stations.
The exact cause of your injury is important to note as it will play a key role in building your case. Consult your nearest compensation lawyers for a more detailed description of what is considered a public transport injury.
What is the first thing I should do when injured in a public transport accident?
The first thing you should do is seek medical assistance as soon as possible, and if you’re able to, report the accident to the police. Try to collect as much evidence as you can at the scene, such as taking photos on your phone of your injuries, and of the site of the accident. Collecting as much evidence as possible will help your lawyer when building your case. Ensure you keep receipts and other records of your medical treatments and hospital visits.
Am I eligible to make a road accident compensation claim?
If you have been injured as a result of a public transport road accident, then you are eligible to make a road accident compensation claim. As the driver of the public transport vehicle is usually at fault, road accident compensation claims are usually brought against the employer of the driver.
Can I claim compensation if my injuries were sustained from standing?
Public transport can have limited seating meaning that several passengers must stand while the vehicle is in motion, placing them at increased risk of injuries. Injuries can be sustained when passengers are jolted forwards or backwards when there is sudden acceleration or breaking.
Drivers are obliged to drive with reasonable care to prevent injuries to passengers. If a driver brakes too hard or accelerates too quickly before you have had an opportunity to sit down you may be eligible to claim compensation. Passengers must take care of their own safety and hold on tightly while the vehicle is in motion.
How do I claim after a bus accident?
If you’re injured in a bus accident or any other type of public transport vehicle, regardless of the reason it is important to collect evidence to strengthen your case.
This includes collecting:
- The bus drivers details, the bus number, the registration plate, the bus route and date & time of the accident
- Take photographs of your injuries and the scene
- Report the bus accident to the police
- Report the accident to the bus company
- Get contacts of witnesses, such as other passengers or bystanders so they can be called upon at a later date
- Get the details of any other vehicles involved.
The more details you can gather, the more information a compensation lawyer can use to build a strong case on your behalf.
What are the common types of public transport accident claims?
Public transport road accidents generally include (but are not limited to):
- Negligent driving of the public transport vehicle, causing injuries to its passengers
- Negligent driving of the public transport vehicle, causing injuries to pedestrians or other road users
Who Can Make a public transport accident Claim?
Anyone who has sustained injuries as a result of public transport accidents can make a claim. The New South Wales Road and Traffic Compensation Scheme covers victims injured in public transportation accidents.
Speaking with compensation lawyers is your best approach to beginning a claim. With their expert advice on personal injury claims, you will know exactly what to include in your claim and how to lodge it.
What types of public transport does a claim cover?
A road accident compensation claim covers only certain forms of public transport, including:
- Buses
- Trains
- Light rail
However, a claim does not cover any form of air transport.
What are the common types of public transport road accidents?
Public transport road accidents generally include (but are not limited to):
- Negligent driving of the public transport vehicle, causing injuries to its passengers
- Negligent driving of the public transport vehicle, causing injuries to pedestrians or other road users
What is required for making a road accident compensation claim?
- Seek medical attention.
It is important to ensure that any injuries sustained from an accident receive immediate medical treatment. This is not only for health reasons, but also because medical records and receipts are required as evidence for any future claims. Even if you feel as though you have not suffered any injury, sometimes injuries take time to appear and seeking medical attention helps determine if any future medical treatment or ongoing care required, for compensation purposes. - Obtain the details.
Ensure you obtain the details of the public transport vehicle that caused the accident, such as a registration number, the contract details of the public transport company and their insurer. - Report the accident to the police as soon as possible.
If you have failed to report the accident within 28 days, you will be required to justify this delay when making a claim. Ensure that once you have reported the accident, you receive an event number from the police as this will be required for future claims. - Lodge an accident notification claim.
This claim must be lodged with the employer of the public transport driver, within 28 days of the accident. For this claim, you can receive up to $5000 in compensation for expenses incurred up to 6 months after the accident occurred. - Lodge a personal injury claim.
This claim must be also be lodged with the employer of the public transport driver, and within 6 months of the accident. This claim is for when the injured party expects their expenses to amount more than $5000, or that their recovery time will exceed 6 months.
What can I receive compensation for in a public transport injury claim?
How much compensation you can receive will depend on your circumstances and is based on the nature and extent of your injuries. Public transport accidents result in a number of financial implications for victims. The good news is that you can be compensated for the following monetary losses:
- Medical expenses (both past and in future).
Medical bills and other costs associated with treating your injury can be included in your claim. These include rehabilitative services such as physiotherapy or home care, medical tests, medication and hospitalisation fees. If you are not hospitalised overnight, you are required to cover the first $599 of your medical fees, but thereafter you will be reimbursed for any medical costs related to your injury for the remainder of your life. - Loss of earnings (both past and in future).
Naturally, an injury can lead to monetary loss not only through medical costs but also through interference with your ability to work. Your public transport accident compensation can cover some of your loss of wages, depending on the severity of your injuries and how long you are unable to work. Consulting with compensation lawyers is essential if you are claiming loss of income because they can help you calculate the exact amount you are entitled to. - Care and assistance.
Applicable in cases where your injury may require you to seek assistance from other people to help with household duties - Home modification.
Applicable in cases where your injury may require you to make modifications to your home in order to accommodate your injuries (such as installing a ramp) - Pain, suffering and loss of enjoyment of life, if you have suffered a whole person impairment over the 10% threshold
Are there time limits in making a compensation claim?
Compensation lawyers can help take the stress off you when it comes to submitting paperwork for your personal injury claim. It is imperative you receive legal advice immediately after your accident, as it can be difficult to receive an exemption for not submitting your public transport compensation claim on time.
Most paperwork regarding your personal injury claim must be made within 28 days from the time you sustained your injury. Keep in mind these time frames may vary and certain documentation may need to be filed sooner, so it is better to let a legal professional handle your matters.
Consulting with personal injury lawyers will increase the likelihood of your claim being successful. Public transport accidents are complex and often involve a number of legal actions to be taken in order to lodge personal injury claims.
Why choose Schreuders for your Personal Injury claim?
At Schreuders, we make your business our business. Our industry-leading team takes the time to understand you and your journey so that we can offer you personal, tailored legal services that get you the results you deserve. With over 25 years of experience and a 95% success rate, we know what it takes to ensure your compensation claim is settled successfully and quickly.
Our ‘no win, no fee’ guarantee means that you can access legal representation for your personal injury claim without having to pay any legal costs up-front. Any fees that you might pay are contingent costs (meaning that payment depends on a successful outcome) and only required after settlement.
For more information about road accident compensation claims, contact Schreuder Partners today.