The duty of a bus driver to their passengers is the same as any other driver to their passengers – they have a responsibility to ensure that passengers are not injured due to any negligence on their behalf.
The most common accidents on buses are caused by the driver performing an emergency stop or braking harshly. Passengers are generally thrown around on the bus as a result of this and this can cause personal injury.
However this does not necessarily mean there is fault with the driver of the bus. An emergency stop is just that, stopping due to an emergency.
In the case of Wooler v London Transport Board the claimant was injured when the bus driver performed an emergency stop when the lorry in front stopped due to a pedestrian stepping out into the road. It was eventually held that the bus driver was not at fault for the claimant’s injuries as the bus was obviously following the lorry at a safe distance as it managed to stop without colliding with it.
Another common cause of accidents and injuries to passengers on buses is that when the driver pulls away too sharply/quickly before passengers have had chance to take a seat.
There is no specific duty on a bus driver to ensure that passengers are seated prior moving off; however the driver must take care to ensure that injury is not caused by pulling away too quickly or abruptly. They must take into consideration the vulnerability of their passengers as well. For example, an elderly person may not be able to move to their seat as quickly as others.
Again case law in this area makes it difficult to determine whether a bus driver is at fault for any injuries caused by these circumstances.
In the case of Phillips-Turner v Reading Transport Ltd the claimant had boarded the bus and claimed that she was injured as the bus pulled away with a sudden jerk without ensuring she was seated. The claim failed on the basis that there is no duty to bus drivers to ensure that passengers are seated.
Although the above shows that claims of this type can sometimes be difficult, a lot of the time, injuries are caused by the breach of duty of the driver and therefore a lot of them are successful. In these types of claims you will require an expert team to fight for the compensation you deserve. And guess what – we are that team!
We deal only in personal injury claims and therefore come across claims such as these all the time.
Injuries caused by these types of accidents can range from minor whiplash injury to banging your head on the poles or bars on the bus. Some cases even include damage to the teeth and teeth being knocked out.
So, If you believe that you have been injured on a bus as a result of negligent driving then you could be entitled to claim compensation for the injuries you have suffered and any other losses incurred as a result of those injuries. Please call our free claims line on 0800 634 75 75 and obtain legal, professional and no obligation advice on your circumstances.
