I Had An Accident On Public Transport, Can I Make A Claim?

Have you sustained an injury in an accident on public transport? Was this accident caused by negligence? If so, then you could be entitled to claim. 

Accident on public transport claims

Accident on public transport claims guide

This article will break down what constitutes an accident and how one could happen on public transport. We will also explain what compensation you may be able to receive and the benefits of hiring a No Win No Fee lawyer.

All road users owe one another a duty of care. They need to act in a way that reduces the risk of injury to themselves and others. If a road user has breached this duty and you’re injured as a result, you could claim.

If you have suffered an injury and would like to determine whether you can make an accident on public transport claim, our advisors can help you by providing free legal advice about your eligibility. They may even connect you to one of the personal injury solicitors from our panel. You can get in touch by:

Choose A Section

  1. Can I Claim Compensation After An Accident On Public Transport?
  2. What Is A Public Transport Accident?
  3. How Can A Public Transport Accident Happen?
  4. Calculating Compensation After An Accident On Public Transport
  5. What Are The Benefits Of Having No Win No Fee Agreements?
  6. More Resources For Accident On Public Transport Claims

Can I Claim Compensation After An Accident On Public Transport?

The Road Traffic Act 1988 and the Highway Code lays out the rules and guidelines relating to a road user’s duty of care. All road users owe a duty of care to one another, meaning they should act in a way that reduces the risk of others on the road being injured. 

For example, if you are riding on a bus and they crashed into the back of another vehicle because they failed to leave a safe stopping distance, then you could claim compensation for any injuries you sustain. Your claim would be against the bus company that the driver works for, as they caused your injury.

Contact our advisors today if you have any questions about the duty of care owed on the road and how this could help your accident on public transport. 

Figures For Public Transport Accidents

The Department of Transport, reported in their road casualties in Great Britain ending in June 2021, that the amount of bus and coach incidents were down by 53% from 2010. It dropped 71% from the figures in 2019. 

Furthermore, according to the Office of Rail and Road and their rail safety 2020-21 report, 1248 passenger injuries were reported on trains, a decrease from 5,385 in 2019/20. 

What Is A Public Transport Accident?

If you had an accident on public transport due to the negligence of another road user, you may be able to claim. Public transport is a method of transportation that is open to the public and that operate on fixed routes and at regular times. 

All road users owe each other a duty of care, acting to reduce the risk to themselves and others. If the driver of the public transport breaches their duty of care endangering other road users and their passengers causing a road traffic accident and injuring you, you may be able to claim.

Furthermore, the duty of care that you’re owed while on a railway is set out in a number of pieces of legislation, such as the Railways Act 1993 and the Health and Safety at Work etc. Act 1974. If they breach this duty of care and you’re injured as a result, then you could be entitled to receive compensation.

How Can A Public Transport Accident Happen?

Injuries can be sustained due to various accidents on public transport. There are many road users and vehicles on the road and each one can cause different types of accidents. We have made a list of accidents involving public transport separated by the type of vehicle:

  • Buses – You may slip, trip or fall on buses if the wet floor has not been cleared. Alternatively, the bus could collide with another vehicle because the other driver failed to check their mirror before changing lanes.
  • Trains – Trains have automatic doors that can suffer mechanical faults causing a hand injury. It’s the driver’s responsibility to operate the doors in a way that reduces the risk of someone being injured. 
  • Coaches – Similar to bus accidents you can be involved in a collision with other vehicles causing you to sustain a neck injury. You could claim whether this was caused by the negligence of another driver or the driver of the vehicle you were travelling in. 

When you’re making a claim for compensation, it’s a good idea to collect evidence in support of your accident on public transport claim. One of our advisors could let you know what the best evidence to collect is. 

Calculating Compensation After An Accident On Public Transport

The amount of compensation you may be eligible for depends on the injury you’ve sustained and its seriousness. There are two different heads of claim you can receive; general and special damages. 

The Judicial College Guidelines (JCG) outline some guideline compensation brackets for general damages, which is the part of a settlement that covers the suffering caused by the injury. Please see the table below for potential compensation figures as outlined in the JCG: 

Severe neck injury (i)In the region of £148,330An injury with incomplete paraplegia or causing permanent spastic quadriparesis. Furthermore, a 24-hour collar being worn for years still results in little to no neck movement and intractable headaches.
Severe shoulder injury (a)£19,200 to £48,030Can relate to neck injuries and includes brachial plexus damage resulting in significant disability.
Moderate shoulder injury (c)£7,890 to £12,770A frozen shoulder causes movement loss and discomfort with symptoms lasting for two years.
Moderate back injury (ii)£12,510 to £27,760Where the ligaments and muscles are disturbed causing backache, and soft tissue injury resulting in acceleration or exacerbation of a pre-existing back condition.
Minor back injury (i)£7,890 to £12,510Where there is a complete recovery or at least to nuisance level without surgery within two to five years.
Moderate neck injury (iii)£7,890 to £13,740Where an injury may have exacerbated a pre-existing condition over the short-term, i.e. less than five years. There may be moderate soft tissue injuries with a long recovery and increased vulnerability to trauma or a permanent neck nuisance.
Digestive system (iii)£6,610 to £12,590Where the injured person has sustained an industrial laceration or a serious seatbelt pressure case.
Moderate hand injury £5,720 to £13,280For example, crush injuries, wounds that penetrate, damage to the soft tissue or deep cuts.
Fracture of clavicle (e)£5,150 to £12,240The award amount varies according to extent of the fracture, disability level, temporary or permanent symptoms and anatomical union placement.
Minor brain or head injury (e)£2,210 to £12,770Brain damage can be minimal. The award is affected by the severity of the injury, symptom recovery period, how long the symptoms last and headaches.

On the other hand, the amount of compensation you receive for special damages is dependent on the financial costs you have incurred because of the injury and recovery period. Some examples of these damages can include: 

  • Loss of earnings and future income
  • Medical costs that you’ve had to pay for
  • Travel costs to and from medical appointments. 
  • Child care costs

In the case of road traffic accident claims, the Whiplash Injury Regulations 2021 introduced a new tariff specifically for whiplash injuries, as shown in the table below:

Duration of injuryAmount – Regulation 2(1)(a)Amount – Regulation 2(1)(b)
Not more than 3 months£240£260
Over 3 months, but under 6 months£495£520
Over 6 months, but under 9 months£840£895
Over 9 months, but under 12 months£1,320£1,390
Over 12 months, but under 15 months£2,040£2,125
Over 15 months, but under 18 months£3,005£3,100
Over 18 months, but under 24 months£4,215£4,345

The government answers any questions on the whiplash reforms in their FAQs. However, before beginning your claim we urge you to contact our advisors. They can talk you through how you’ve been affected. This will enable you to claim through the correct channel. 

Contact our advisors today for more information on the amount of compensation that you could be awarded for injuries sustained in an accident on public transport. 

What Are The Benefits Of Having No Win No Fee Agreements?

When claiming, our advisors can provide you with free and relevant legal advice. Furthermore, they may forward you to our panel of expert solicitors if your claim is valid. Our expert solicitors offer Conditional Fee Agreements (CFA), which are a type of No Win No Fee arrangement.

A CFA lawyer has no hiring costs and there’s nothing for you to pay them as the claim progresses. Your CFA lawyer will only receive money through a success fee, a small capped percentage of your compensation when your claim succeeds. You don’t pay this fee if you’re not awarded compensation. 

Ask Us About Making A Claim

If you have any questions about claiming for an accident on public transport or would like to see if you can start the process, contact our advisors today by:

More Resources For Accident On Public Transport Claims

We have provided some other articles below:

Or please see these other informative external links:

NHS – Whiplash 

THINK!- The government road safety campaign

When to call 999

Contact our advisors for more information on claiming for an accident on public transport.

Writer Jack Eider

Publisher Fern Stringer