Public transport companies have a legal duty to keep their passengers safe, and if they fail in this duty and cause an injury then you could be owed compensation.

Injuries from public transport accidents can range from simple cuts and bruises up to life-changing disabilities. No matter how you’ve been injured, however, a public transport accident could have a psychological as well as a physical impact, and claiming compensation could start the process of putting your life back on track.

We could help you with a public transport accident claim and seek compensation to reflect the pain and distress caused and cover any financial impact. Contact Beacon law today and we can get to work.

When am I eligible to make a public transport accident claim?

You are eligible to make a public transport accident claim providing you meet the following criteria:

• You were using public transport and were owed a duty of care by another party. In most cases this other party will be the public transport company in question.
• The public transport company failed to meet their duty of care to you and an accident happened as a result
• The accident directly led to you being injured. These injuries could have been physical, psychological, or a combination of the two

The duty of care owed to passengers by any public transport company is set out in The Occupiers’ Liability Act 1957. It means that all vehicles have to be maintained to a specific standard and the relevant health and safety regulations need to be met.

If this doesn’t happen, or the conduct of a driver, conductor, inspector or passenger falls below reasonable expected standards, then you may have been the victim of negligence. Working with the road traffic accident solicitors at Beacon Law will enable you to prove negligence and claim any compensation you’re entitled to.

What are the most common types of public transport accident claims?

Any accident which happens because of negligent behaviour could form the basis of a public transport accident claim, if you can show that the negligence directly led to your injuries. Common types of public transport accidents we deal with at Beacon Law include the following:

Compensation claims for accidents on buses

The fact that buses in the UK are not legally required to have seat belts fitted means that the chances of being injured in any kind of accident are higher. Issues causing you to fall in a bus and injure yourself could include a road traffic accident caused by the driver of the bus, the bus braking too quickly, slips, trips and falls caused by spills which haven’t been cleared from the floor of the bus and the driver pulling away from the stop before you have a chance to sit down.

Compensation claims for accidents on a train, tube or tram

The operators of any train, tube or tram service have a legal duty to keep passengers safe while they are travelling. An accident on a train, tube or tram could happen if hazards aren’t clearly signposted and trains aren’t properly maintained.

Accidents can also happen while you move around stations, caused by things like worn and uneven flooring, spills and debris which haven’t been cleared, poor lighting and badly maintained stairs.

Compensation claims for accidents in a taxi

When you take a taxi you put your safety in the hands of the driver. If the taxi driver causes an accident through dangerous driving, driving too fast or not paying attention then you may be able to claim compensation.

In any accidents which take place while using public transport on the road the accident could be caused by the negligence of another road user.

You could still make a claim for compensation if you’re injured in an accident of this kind, even if the other road user doesn’t stop at the scene of the accident, or isn’t insured.

How much compensation could I get for a public transport accident claim?

The amount of compensation you could get for a successful public transport accident claim could range from a few thousand pounds if your injuries are minor and the prognosis is for a speedy recovery, up to hundreds of thousands of pounds if your injuries are life-changing and will need medical care and attention in the future. In all cases, the compensation total will be made up of general damages and special damages.

General Damages

General damages are calculated to reflect the nature and severity of your injuries, as well as the physical and psychological distress caused and the degree to which you have been prevented from doing things like pursuing hobbies, interests and family life. The exact amount will be decided with the help of the Judicial College Guidelines (JCG).

The JCG is a specialist publication which sets out payment ranges for injuries of varying type and severity. Example payments from the latest edition which could apply in a public transport accident claim include the following:

• Paraplegia (loss of leg function) – £267,340 to £346,890
• Moderately severe brain injury – £186,890 to £240,590
• Minor permanent damage to vision in one or both eyes – £7,780 to £17,900
• Serious jaw fracture – £15,320 to £26,010

Once we have a clear understanding of your injuries and how they have impacted you we will be able to make an estimate of the amount of general damages we think you could be entitled to.

Special Damages

The special damages included in a compensation payment are meant to cover the financial impact of your injuries. They are intended to return you to the financial position you would have been in if the public transport accident had never happened.

This means that they will compensate for any earnings or pension provision lost because your injuries had a negative impact on your ability to earn a living. Special damages will also include amounts to cover any expenses which are a direct result of the injuries you suffered.

Examples of expenses which are covered by special damages include the following:

• Money you have to spend on care or medical bills as a result of your injuries, now and in the future
• An amount to compensate for time spent providing care free of charge by friends or family members
• Money which you have to spend on specialised equipment as a result of your injuries, such as mobility aids
• Money which you have to spend on adapting your home and/or vehicle in order to live with your injuries
• Money spent travelling to and from medical appointments needed to deal with your injuries
• Money spent on counselling or therapy to deal with the psychological impact of your injuries

Can I make a public transport accident claim on a no win no fee basis?

Yes, if we process your public transport accident claim at Beacon Law we will do it on a no win no fee basis. This means that you have nothing to pay up-front, or while we gather the evidence to support your claim and negotiate on your behalf.

You will only have to pay if you win compensation, and the success fee we take at this stage is never more than 25% of the compensation you receive. If the compensation claim fails then expenses such as the legal costs of the other party will be covered by After the Event (ATE) insurance we take out on your behalf.

The only circumstances under which you will have to pay if you lose the case are if you have misled us, exaggerated your claim or been dishonest in some way.

Is there a time limit to making a public transport accident claim?

Yes, there is a time limit on making a public accident transport claim. You have 3 years from the date of the accident taking place, after which you are no longer able to start a claim.

There are exceptions to the 3 year rule, including:

• If you were under 18 at the time of the accident then the 3 year period runs from your 18th birthday to your 21st
• If you don’t have the ‘mental capacity’ to start a claim during the 3 year period then it will run from the date on which you regain capacity

Although you have 3 years during which you can start a claim we always recommend starting your claim as soon as possible after the public transport accident happens. It will be easier to gather evidence of how the accident happened, particularly from witnesses, and the sooner you start a claim, the sooner you’ll get any compensation you’re entitled to.

How long will a public transport accident claim take?

In the case of minor injuries with a speedy recovery expected your public transport accident claim could take just a few months. If the case is more complex, involving serious injuries, then it could take 2 years or longer.

In cases which take longer we often apply for interim payments to cover costs such as medical bills until the final compensation payment is agreed.

What are the most common injuries in public transport accident claims?

Factors such as the size and type of vehicles involved and the speed at which they were travelling determine the type of injuries caused by public transport accidents, from minor cuts and bruises up to permanent and life-changing disabilities. Some of the more common injuries we see when dealing with public transport accident claims include the following:

• Head and brain injuries such as concussion, traumatic brain injuries, skull fractures and swelling
• Internal injuries such as damage to organs, bleeding and bruising caused by impacts during a public transport accident
• Injuries to the spinal cord which, in the worst case scenario, can cause partial or total paralysis with the prognosis for recovery uncertain
• Broken or fractured bones in parts of the body such as the arms, pelvis or legs as a result of impacts during a public transport accident
• On-going psychological impacts following a public transport accident could include anxiety, stress, depression and post-traumatic stress disorder (PTSD)
• Back and neck injuries such as bruising, fractures or whiplash could cause problems with mobility and long-term pain management
• Cuts and lacerations which might require stitches and surgical intervention could cause permanent scarring

What is the claims process for a public transport accident claim?

We know how stressful the thought of taking legal action can be, particularly when you’re trying to come to terms with being let down and injured. We make things as simple as possible by taking on the work of building your claim and breaking the process down into manageable steps, leaving you with the space to concentrate on your recovery.

In order to help us assess your claim as quickly as possible, we will usually need details of the public transport service on which you were injured. This includes information such as the bus, train or tram number, the date and time of travel, and the name of the operator.

We will also ask for evidence that you were travelling on that service at the time of the incident, for example a ticket, travel card record, or an email or app confirmation. While it is not essential for you to have all of this information or documentation, providing it where available can make it much easier for us to identify the correct operator and progress your claim efficiently.

We will take a detailed statement from you setting out how the public transport accident happened and how you have been affected by your injuries
We will arrange an independent medical examination, after which a report will be produced setting out the nature and severity of your injuries, whether you are likely to require care or medical treatment in the future and what the prognosis for any recovery is.

We will gather the evidence to support your claim, including the following:

• Your medical records, including those setting out the treatment you’ve had since the public transport accident
• A copy of the police report on the accident
• Photographs of the scene of the accident including the position of any vehicles if it is safe to take them
• Photographs of the injuries you sustained
• Details relating to any other vehicle involved in the public transport accident, including the make, model and registration number of the vehicle and contact and insurance information for the driver
• Witness statements from anyone who saw the public transport accident
• Any available CCTV footage of the accident, from the road or from the vehicle itself
• Any relevant dash cam footage which is available
• Documentation relating to the financial impact of the public transport accident and the injuries sustained, such as bills, invoices, receipts, wage slips and bank statements

We will contact the other party involved in the claim and inform them that you intend to seek compensation. At this stage in the claim the strength of the evidence we present means that the other party often admits liability and makes an offer of compensation.

Although we aim to settle claims as quickly as possible, we will negotiate the best possible compensation award, never settling for less than 100% of the amount we think you are entitled to.

In a minority of cases liability is denied, or it isn’t possible to negotiate a fair settlement. If this happens the claim will have to be settled in court, and we will represent and support you throughout.

Why choose Beacon Law for your public transport accident claim?

You should choose Beacon Law for your public transport accident claim because of our track record of handing claims of this kind successfully. We know exactly how much you could be entitled to in compensation and what it takes to prove negligence.

As well as offering legal expertise and hands-on experience we pride ourselves on treating clients like human beings going through a stressful experience, and not merely another case number. The support we provide will be tailored on a one to one basis and delivered in clear, accessible language and not legal jargon.

We take on the stress and work of building your claim so that you can concentrate on coming to terms with and recovering from your injuries, and when you claim with us you’re taking advantage of more than 200 years of combined legal experience.

We work on a no win no fee basis, so you don’t have to worry about being able to afford to make a claim, and we always negotiate for 100% of the compensation we think you are entitled to. If you’ve been injured in a public transport accident caused by negligence then contact Beacon Law today to enquire about claiming the compensation you deserve.