Well this has probably happened to most of us – we get on a bus and before we have the chance to sit down, the bus pulls away. Now most people would still be able to successfully sit themselves down safely as there are hand rails to hold onto to keep your balance. However most of us would probably say that the bus driver should wait until passengers are seated. Whatever we think, in law is a bus driver negligent for pulling away before a passenger is seated?
Put simply there is no specific duty on a bus driver to ensure passengers are seated before pulling away. Although bus drivers do have to take reasonable care to ensure that injury is not caused as a result of the bus pulling away abruptly or before a passenger is seated. This means that extra care is needed in the case of elderly passengers for example. Elderly passengers are identified as being more at risk of injury if a bus pulls away before they are seated for obvious reasons. This is because they may not have the strength or balance to keep on their feet. Looking at the bus driver’s point of view, they are running to a strict timetable and if they are behind they will naturally be trying to catch up. However safety should always be paramount.
Injuries can include whiplash type injuries in addition to concussion and injuries as a result of coming into contact with objects on the bus (such as the metal poles or seats etc). Such injuries could clearly include broken bones. It is also clear that many people, especially elderly people, have a genuine fear of getting onto a bus as they are worried that the driver may pull away before they have the chance to sit down.
If injury is caused as a result of a bus pulling away abruptly or before you could sit down, you may have a claim. Each case is considered on its own unique facts. Some buses may have CCTV on board and this could greatly assist or help a Solicitor in deciding whether or not you have a claim. It is of paramount importance that you act as soon as possible after the accident. CCTV footage will only be kept for so long before it is destroyed. You should write or email the bus company requesting that CCTV footage be retained. Your Solicitor can do this for you. If you write or email yourself make sure that you keep a photocopy or evidence that the email was sent.
To discuss a potential personal injury claim, do not hesitate to contact The Injury Lawyers today.
