A Guide To Bus Accident Claims
By Jade Smith. Last Updated 25th September 2024. Owing to their size, mass, and lack of seatbelts, accidents on buses can be very serious. That’s why we have created this guide to making a bus accident claim. You’ll see information on the eligibility criteria for making a bus passenger accident claim.
Other topics covered here include the evidence you can use to prove liability in your particular circumstances and how bus accident compensation is calculated. We have also given some hypothetical scenarios to illustrate how a bus accident could take place.
At the bottom of this guide, we’ll take a brief look at the No Win No Fee agreement offered by our highly experienced personal injury solicitors and all the advantages this type of contract will bring.
To learn more about bus accident claims, or for a free assessment of your eligibility to claim compensation, get in touch with our advisory team via:
- Calling 0800 073 8804
- Completing our “contact us” form here.
- Use the live chat box in the bottom left corner of your screen.
Select A Section
- Can I Make A Bus Accident Claim?
- How Do Bus Accidents Happen?
- Can I Claim For A Slip, Trip And Fall On A Bus?
- How Can I Prove My Bus Accident Compensation Claim?
- Is There An Average Settlement For A Bus Accident? A Look At Compensation Payouts
- Claim Bus Accident Compensation With A No Win No Fee Solicitor
- Helpful Resources and Guides On Road Traffic Accident Claims
Can I Make A Bus Accident Claim?
You may be able to start a bus accident claim if you can prove that you have been affected by bus driver negligence either as a passenger of a bus or as another road user. We define negligence as a breach of duty of care which causes an injury.
When you are using public transport, such as a bus, you are owed a duty of care by the bus driver. The Occupiers’ Liability Act 1957 states that all operators of public services must take steps to ensure the reasonable safety of passengers.
As a road user yourself, you are also owed a duty of care by other road users. This means that road users must navigate the roads in a way that minimises the risk of harm to themselves and others who are on the roads. To do this, they must follow the mandatory steps and rules set out by the Road Traffic Act 1988 and The Highway Code.
As such, in order to claim bus accident compensation, you have to be able to prove that:
- You were owed a duty of care by a bus driver.
- This duty of care was breached, for example, the bus driver was speeding.
- As a result, you were injured.
How Long Do I Have To Claim For A Bus Accident?
All personal injury claims against bust companies have to be started within the correct time limit. This is generally three years, as outlined in the Limitation Act 1980, and starts on the date of your injuries.
You may still be able to claim bus accident compensation if you fall outside of this time limit, as it comes with some exceptions. For example, if you are under the age of eighteen when you are injured, the time limit won’t begin until your eighteenth birthday. A litigation friend can claim on your behalf before then, or you can claim for yourself between your eighteenth and twenty-first birthdays.
The time limit is also suspended for an indefinite amount of time for those who lack the mental capacity to claim for themselves. In these cases, a litigation friend can claim on their behalf. Otherwise, if they recover the appropriate capacity, they can claim for themselves when the time limit reinstates on the date of their recovery.
To learn more about time limits in bus accident claims, contact our team of advisors today. They can offer help and guidance surrounding the personal injury claims process, and may be able to connect you with one of our solicitors.
How Do Bus Accidents Happen?
Here are some ways how a bus driver could breach their duty of care and cause a bus accident:
- You are a pedestrian in the middle of walking across a zebra crossing. A bus driver, however, fails to see you and therefore fails to stop at the zebra crossing as they are using their mobile phone while driving. Being run over by a bus as a pedestrian can cause serious injuries such as brain damage.
- You are a passenger of a bus, however, the bus driver is under the influence of alcohol. Due to this, the bus driver swerves into oncoming traffic and crashes with another vehicle. You could suffer whiplash or other muscle-related injuries.
- A bus driver is exceeding the road’s speed limit. Due to this, the bus driver cannot break in time before crashing into a building ahead. As a passenger of this bus, you could suffer lacerations and broken bones.
If you’ve been injured on a bus as a result of a breach of care from either the service operator or even another road user, you may be able to make a personal injury claim. Get in touch with our advisors to learn more about public transport accident claims, or read on to learn more about the bus accident claims process.
Can I Claim For A Slip, Trip And Fall On A Bus?
Your injuries may have been caused by a slip, trip or fall on a bus. If so, you may be able to make a bus accident claim.
Per the Occupiers’ Liability Act 1957 (OLA), those in charge of public spaces owe a duty of care. Per this duty, they must take reasonable steps to ensure the safety of members of the public who are using that space for its intended purposes. This duty of care extends to bus companies.
Some examples of injuries you could suffer on a bus as a passenger include:
- A spillage hasn’t been cleaned on the walkway of a bus, causing you to slip and suffer a knee injury.
- You could fall over due to a bus driver suddenly swerving without a sufficient reason
- You could fall down the stairs due to a faulty handrail or due to there being a trip hazard on the stairs that wasn’t cleared away.
However, to be able to make a personal injury claim against the bus company for injuries caused by poor health and safety on the vehicle, you will need to show how the bus company breached their duty of care.
Contact our advisors to learn more about bus accident claims made against a bus company.
How Can I Prove My Bus Accident Compensation Claim?
One of the most crucial steps in the bus accident claims process is collecting evidence to prove that negligence occurred. When you make a claim for bus accident compensation, it’s your responsibility to prove that someone else breached their duty of care, and that this caused your injuries.
If you choose to make your bus passenger accident claim with one of our expert solicitors, they can help you gather evidence such as:
- Medical records: Your medical records can be a good indicator of how severe your injuries are and how much treatment you’ll need to recover.
- An independent medical assessment: A solicitor can arrange for you to undergo an independent assessment, which can help prove the severity of your injuries.
- Photographs: Photographs of both your injuries and the accident site can be useful.
- Video footage: Some buses have internal CCTV systems. If your accident was caught on CCTV, or if another driver caught it on their dashcam, this footage could be used to support your claim.
- Witness statements: If you choose to work with a solicitor, they can take the statements of anyone who witnessed the accident.
To find out how one of our expert solicitors could help you claim bus accident compensation, get in touch with our team.
Is There An Average Settlement For A Bus Accident? A Look At Compensation Payouts
If you make a successful personal injury claim, your bus accident compensation could consist of two parts. These are general and special damages.
General damages compensate for the physical pain and mental suffering that your injury has caused. To help when valuing personal injury claims, legal professionals may refer to the Judicial College Guidelines (JCG). This is a document that contains a list of guideline compensation brackets for different types of injuries.
In our table below, we’ve provided a few figures from the 16th edition of the JCG. As all bus accident claims are different, this table is only provided as guidance. Please note that the first entry in this table is not reflected in the JCG.
Injury | Severity | Compensation Brackets |
---|---|---|
Multiple Severe Injuries Plus Special Damages | Serious | Up to £1,000,000+ |
Brain damage | Very severe (a) | £344,150 to £493,000 |
Less severe (d) | £18,700 to £52,550 | |
Back | Severe (a) (i) | £111,150 to £196,450 |
Moderate (b) (i) | £33,880 to £47,320 | |
Leg | Severe (b) (i) | £117,460 to £165,860 |
Less serious (c) (i) | £21,920 to £33,880 | |
Whiplash injuries plus psychological injuries | Lasting between 18-24 months. | £4,345 |
Whiplash injuries | Lasting between 18-24 months. | £4,215 |
Can I Claim Back My Financial Losses?
Your award may also consist of special damages to compensate for any financial losses you experienced as a result of the injury. Examples of the losses you could be compensated for include:
- Medical costs, such as prescriptions and therapy.
- Your loss of earnings for time spent off work recovering from your injuries.
- Home help, such as the costs of a cleaner while you recover.
- Travel expenses, such as taxi fares to and from medical appointments.
You should submit evidence of your expenses, such as receipts, bank statements or invoices.
If you have any questions about how compensation could be awarded for public transport accident claims, please contact one of our advisors using the details at the top of the screen.
Can I Claim For Whiplash After A Bus Accident?
If you suffered minor injuries, such as whiplash, you may have to make your bus passenger accident claim through the Whiplash Reform Programme. However, there is certain claiming criteria that you need to meet.
The injuries you’ve suffered must be valued at £5,000 or less. Whiplash will be valued from the tariff amounts found in the Whiplash Injury Regulations 2021. Other minor injuries could be assigned value based on the compensation brackets found in the JCG. We’ve provided figures from the whiplash tariffs and the JCG in our table above.
Additionally, the overall value of your whiplash accident claim cannot exceed £10,000. This means that the combined value of special damages, if you are recovering expenses and your injuries needs to be £10,000 or less.
You must also be 18 or older and the accident on a bus must have occurred on or after the 31st May 2021.
Once you have received a settlement, your claim cannot be reopened. You may like to have your claim assessed for free to ensure that you are claiming for the full amount. To discuss claiming for whiplash with legal experts, contact us. We can value your claim for free.
Claim Bus Accident Compensation With A No Win No Fee Solicitor
You may be interested in learning about how a No Win No Fee solicitor could help you. Working with a solicitor can come with many benefits; for example, they could help you gather evidence, value your claim, and answer any questions you may have throughout the bus passenger accident claim process.
A solicitor from our panel could help you claim for an accident on a bus by offering their services under a Conditional Fee Agreement (CFA). Under this kind of No Win No Fee arrangement, you don’t have to pay any upfront or ongoing fees to your solicitor in order for them to begin work on your case.
If your claim succeeds, then your solicitor will deduct a success fee from your settlement award. The success fee is taken as a small percentage, and there is a legislative cap in place to help make sure you keep the majority of your award. However, if your claim doesn’t succeed, then your solicitor will not take this success fee.
To find out if you could be eligible to work with one of our No Win No Fee bus accident solicitors, get in touch with our team today. They can also provide further guidance on bus accident claims.
Start Your Bus Accident Claim Today
For further advice on potentially making a claim for a bus passenger accident, you can speak to our expert personal injury claims team by using any of the following contact methods:
- Call us on 0800 073 8804
- Use our claim form to write to us about your case. We could then call you back at a time that suits you.
- Or get in touch with us using our live chat feature, bottom right
Helpful Resources and Guides On Road Traffic Accident Claims
Thank you for taking the time to read our guide on what to do if you’ve suffered an injury in an accident on a bus. We hope you’ve found it useful. Below, you can find some further guides you may find helpful.
- The NHS’s guide to whiplash injuries.
- The Highway Code
- Head here to learn more about pedestrian accident claims
- The latest government statistics on road safety
- Report A Road Traffic Accident
- Can I Claim For Travel Costs In A Claim?
You’re at the end of our guide to bus accident claims. Do you still need more information or free legal advice? Please get in touch with our team today using the number at the top of the page.