It’s actually a bit of a grey area in law when it comes to the duties of a bus driver to wait for passengers to be seated before setting off. In a news report from the BBC, a pensioner in Scotland has been awarded £10,000 in Court after she fell and inured her shoulder on a McGill’s coach in these exact circumstances.
So let’s have a look at the details of this one.
There isn’t a specific duty in English law for a bus or coach driver to have to wait for a passenger to be seated. As you probably know, you are free to stand on most transport vehicles and there are sufficient means to hold on to rails and safety bars / holds. But in this news story from the BBC, there was a key factor that turned the legal tide and allowed an innocent elderly lady to be paid the compensation she deserved.
Put simply – she was clearly elderly and unsteady on her feet. At 82 years old this poor old lady would obviously have problems being able to safely move around the coach when the driver set off. And that is the key factor that can pave the way to a claim for personal injury compensation being successful.
The Judge in the case is reported to have said:
“In my opinion the defender’s driver failed to ensure that a passenger who had been seen by him to be elderly and unsteady was seated before moving off. In doing so he acted contrary to the defenders’ policy and in breach of common law.”
When it is the case that a passenger clearly has mobility concerns – whether it’s down to be elderly, frail, or noticeable disabled – the duty of care that a driver has should mean that they take extra care and precaution to enable such a passenger to be safely seated. It’s obvious that such a person would be likely to fall, and as such, the standard defence that most transport companies make in this sort of incident is fundamentally flawed.
The mobility of the victim is normally a factor that helps us to make a decision as to whether we will assist with a claim in these circumstances on a no win, no fee basis.