What are fatal accidents on public transport?
Public transport is a means of travel for millions every year and, like any other form of transport, accidents can occur. Have you been injured in a public transport accident in Scotland? If so, you could be able to claim compensation for your injuries, your loss of earnings and the expenses that have followed.
Operators of public transport have a duty of care to provide safe passage. This means they must ensure that vehicles are well maintained, that staff are trained to an appropriate standard, and that the safety rules relating to the mode of transport are followed. Passengers have the right to expect their journey to be safe. When those duties are not met, people are injured, and when that occurs, the law provides you with a remedy.
Thompsons Solicitors has dedicated personal injury teams throughout Scotland who will be happy to take your public transport accident claim on a No Win No Fee basis. Call us on 0800 0891 331 today to see what your options are.
Types of public transport accidents and common injuries
Public transport accident claims include claims for many different types of accident. Bus passengers are injured when the driver brakes suddenly or pulls away before passengers have had a chance to sit or get their balance, when a door is closed on an arm or a bag, or in a slip on a wet floor that needed mopping. Train passengers may fall on poorly maintained platforms, be knocked by luggage falling from racks, or thrown from their seats in a crash.
Tram accident claims are similar in nature, and taxi accident claims carry the same road traffic risks as any car journey, the passenger has no control over the driving.
The injuries are similar as well. There is a possibility that some accidents connected with public transport may cause only slight injuries, for example whiplash following a minor shunt or slipping on a spillage left on the platform. Others will cause fractures, head and spinal injuries, or crushing injuries in which a passenger's limbs are held in the doors. However, bigger and more destructive incidents can also take place, such as a bus hitting another vehicle or a train derailing. Incidents of the sort, although much less probable, are much more likely to claim passenger lives.
Whatever the severity, the underlying question is the same: was someone else at fault?
Who can claim for a public transport accident?
You do not need to have been a passenger on the vehicle. Other potential claimants in public transport accidents include: passengers hurt whilst riding on a bus, train, tram or taxi; pedestrians and cyclists who have been struck by a public transport vehicle; drivers or passengers in other vehicles involved in an accident with a bus, train, tram or taxi; and workers on public transport who have been injured because of their employer's negligence or other failings, this would be pursued as an accident at work claim.
If you were injured by someone else's negligent acts, you can recover damages no matter which side of the vehicle you were on.
Stephanie Young
Stephanie Young
"The recoverability of compensation with all cases though, will come down to proving that the negligent party, whether that be an individual, an employer or a company, owed a duty of care, breached that duty and that the breach caused the injury."
How to claim for a public transport accident in Scotland
The first step is to contact us. Our personal injury solicitors will discuss the situation with you and tell you frankly whether we believe you have a worthwhile claim. There is no cost for that initial conversation and no obligation to continue.
If you decide to proceed, your solicitor will gather together the whole story: how it happened, your injuries, what treatment you need now and may require in future, how it has affected your income, and the out-of-pocket expenses that have been incurred. We work with medical and financial experts so nothing is overlooked, because we aim to achieve compensation that accurately reflects your experience, not simply whatever the insurers come up with first.
We represent people with public transport accident claims on a No Win No Fee basis. This means you will not be charged for legal advice and representation if your claim is unsuccessful.
What evidence helps a public transport accident claim?
The earlier you begin gathering evidence, the better. Evidence may include tickets, receipts, or electronic payment records indicating your presence on the vehicle, details and contact information of witnesses who saw the accident, a copy of the operator's incident report, details of your medical treatment, photographs of the accident scene and your injuries, and CCTV or dashcam footage.
If you haven't gathered all of this, don't worry. Our solicitors regularly obtain evidence on behalf of clients, including CCTV footage and operators' incident reports that they may not always provide willingly.
How long do I have to make a public transport accident claim in Scotland?
In Scotland you have three years from the date of the accident to make a personal injury claim. Children under 16 have an extension of this period, which means they can bring a claim at any point before their 19th birthday.
Three years might sound like plenty of time, but evidence starts to go. CCTV gets recorded over. Witnesses relocate, forget details. We would always advise speaking to a solicitor sooner rather than later, even if you are not yet certain you want to make a claim.
Common causes of public transport accidents
Most public transport accidents are not dramatic crashes. They occur because of routine failings: a bus pulls away before a passenger has sat down and they fall and fracture a wrist; a patch of standing water on a train platform has no posted warning; a taxi driver's attention drifts and he ploughs into the car in front; a bus company cuts corners on brake inspections and a mechanical failure results; a tram stop has inadequate lighting and a passenger trips while boarding.
What they all have in common is a failure to meet the standard of care the law expects. Someone did something, or failed to do something, that a reasonable operator would have done differently. That failure is what gives rise to a compensation claim.
Fatal public transport accidents
If you have lost a loved one in a fatal public transport accident and believe that it was the fault of a third party such as the operator or the organisation that owns the transport, you may be able to claim compensation.
Thompsons' accident solicitors are experts at guiding people through fatal accident claims. We have dedicated teams of solicitors, solicitor advocates and other specialists who work exclusively on assisting victims of catastrophic accidents achieve justice.
We also appreciate the devastating financial and emotional impact the sudden death of a loved one can have on you and your family. Our solicitors are sympathetic and sensitive, and will do everything they can to obtain the maximum compensation for you in the shortest time.
Frequently asked questions
Talk to Thompsons
Our lawyers act solely for the injured and never for employers or insurers. Our personal injury solicitors have offices across Scotland in Glasgow, Edinburgh, Dundee, and beyond.
If you have been hurt on public transport and want to know where you stand, call our No Win No Fee lawyers on 0800 0891 331. Or complete our online claim form to get started.
