|
The bus accidents that make the headlines are the big ones, resulting in multiple deaths and injuries. But for the most part, bus accidents pass unreported, even though individual passengers suffer injury.
Since 1 October 1997, vehicles capable of seating more than eight passengers have been subjected to strict safety requirements. For example, all long-distance coaches designed after that date must be fitted with seat belts, as must all similar coaches registered after 1 October 1999. However, although long-distance coaches are required to be fitted with seat belts, Service buses operating in towns are not, and if the driver is forced to brake suddenly passengers may be subjected to violent deceleration and impact injuries.
Because of the stop-start nature of
Service bus journeys, passengers may find themselves more at risk than long-distance passengers, especially during the embarking and alighting phases of the journey.
When you embark on a bus journey, you automatically enter into a contract with the bus company and acquire certain rights. For example, you have the right to be conveyed to your destination. An operator cannot introduce unreasonable conditions, such as attempting to exclude or limit liability for passenger injuries if the bus is involved in an accident. However, the bus operator has rights too. For instance, a bus driver has the right to ask a passenger to disembark if the bus is overloaded. Any bus company that allows one of its vehicles to carry more than the maximum permitted number of passengers is breaking the law.
A bus operator is liable for passengers killed or injured in an accident if the driver, another staff member or vehicle safety is to blame. However, if negligence cannot be proved, there is no automatic obligation on the operator to pay compensation. If the accident was the fault of another driver, for example, the bus operator would not be liable, but a claim against the other driver may be possible.
It can be difficult to apportion blame. If a passenger is injured as a consequence of the bus driver moving off before the passenger is safely seated, then the driver might be accused of negligence. On the other hand, if passengers are requested to remain in their seats until the bus stops, and one is injured through failing to comply with this request, then a claim for injury may assume a more complex nature.
If you have suffered an injury while travelling as a bus passenger, whether
you consider it to have been caused by negligent or careless driving or not, call Macks Solicitors now on Freephone 0800 980 9398. Put your case in the hands of our experts. To give just one example, the firm recently acted for a lady who was a front seat passenger on a bus which was involved in a head-on collision with another vehicle. She sustained facial injuries, including a fractured nose, and Macks Solicitors assisted her in recovering damages amounting to £14,000.
|
