So who is liable for a bus accident?
If the accident is due to another vehicle being careless then 9 times out of 10 you will pursue a claim against this person as they are at fault for the accident. Therefore, if you are involved in an accident with another vehicle at fault it is important to either obtain the other vehicles details at the scene of the accident (usually just the registration plate is required) or obtain the bus companies details and contact them afterwards to obtain them (or of course the police if the collision has required their attention).
If the bus driver is a fault, you may wish to bring a claim under The Public Service vehicles (conduct of drivers, inspectors, conductors and passengers) regulations 1990. This legislation sets out certain standards that staff and passengers should adhere to when using the public transport. Some of the most interesting points are as follows:
- S5 (1) – A driver and a conductor shall take all reasonable precautions to ensure the safety of passengers who are on, or who are leaving or entering the vehicle.
- S5 (5) – A driver shall, when picking up or setting down passengers, stop the vehicle as is reasonably practicable to the left or near side of the road
- S5 (3)(a) – A driver, inspector or conductor shall if so requested by a constable or other person having reasonable cause, give his name, the person by whom he is employed and in the case of the driver, particulars of the licence by virtue of which he drives the vehicle.
It may seem at first that you may consider the bus driver to be at fault but it is important not to jump to this conclusion as another vehicle may be to blame. For example; if the bus driver breaks suddenly and harshly causing you to sustain injury if he did this to:
a) Avoid a collision that was brought about by another vehicle’s negligence = other vehicle at fault.
b) Avoid passing through a red light because he wasn’t paying attention = bus driver at fault.
As this would be classed as a road traffic accident, the most common injury sustained by passengers is whiplash and back injuries. Therefore the value of your claim will be established by collating and analysing medical evidence; however the judicial studies board do set out the following guidance for neck injuries:
- Minor injuries: £ 875.00 – £5,150.00
- Moderate injuries: £5,150.00 – £15,000.00
- Severe: £15,000 – £97,500
If you have been involved in a bus accident you should always contact a personal injury specialist to confirm whether you are able to claim and what you may be entitled to. Please note that at this early stage of a claim, nobody should be able to confirm an exact figure to you as it will all depend on your medical evidence and your particular circumstances- hence the reason why the above brackets are so wide!