Whether commuting to work or school, running errands, or travelling, public transportation systems are an essential mode of travel for many Ontarians.
Mass transit not only permits many people to move within or between urban areas efficiently, it also reduces traffic congestion, improves air quality, saves transit-using households approximately $10,000 each year, and generally reduces the number of motor vehicle collisions.
But when a large vehicle such as a bus, streetcar, subway, or train is involved in an accident, the number of people injured and the extent of their injuries can be catastrophic.
If you or a loved one has sustained a serious injury when entering, exiting, or while aboard a public transportation vehicle or private tour bus or train, you do not have to deal with the aftermath on your own. The experienced bus accidents lawyers at Howie, Sacks & Henry LLP have helped many people just like you access accident benefits and claim fair compensation for their losses.
A life-altering injury in a mass transit accident can have a dramatic impact on your hopes and dreams for the future. But, all is not lost. At HSH LLP, we believe Hope Starts Here. Contact us for a free, no obligation initial consultation to learn how we can help you.
At A Glance
- Bus, streetcar, subway, and train accidents can result in injuries before, during, or after your ride.
- Injured people may be eligible for accident benefits or compensation from a lawsuit/tort claim
- There are special rules that apply for certain types of bus accident injuries and lawsuits involving municipal governments or municipal employees.
- Trust an HSH bus accident lawyer to help you understand your rights and to provide well-informed legal advice on all your options
Types Of Mass Transit Vehicle Accidents
There are a variety of ways a passenger (or other road user) can be injured by a mass transit vehicle, or while aboard it. Some common injuries and accidents include:
- Slips, trips, and falls while boarding, riding, or disembarking from a vehicle. Poor maintenance and upkeep, the presence of a hazard, or unintentional contact between passengers may cause these accidents. They may also occur while a person is in a transit station or on a platform.
- Sudden starts, stops, or turns. A person may be injured when seated or standing in a moving vehicle if it comes to a sudden, unexpected stop or makes a quick, sharp turn. Sudden acceleration may also cause riders to lose balance and fall to the ground or come into contact with other passengers or objects.
- Collisions. A public transit vehicle that makes contact with another vehicle, person, or object may cause significant injuries to persons aboard the vehicle or who made contact with the vehicle
- Mechanical failure. Serious injuries may occur if a transit vehicle blows a tire, derails, catches fire, or if the operator loses control due to a mechanical failure.
- Altercations with other passengers. An unruly or belligerent passenger may make physical contact with a passenger or cause a passenger to become injured as they attempt to move to a safer location.
Why Do Bus Accidents And Injuries Happen?
There are several factors that may contribute to mass transit accidents and potentially worsen the resulting injuries. These include:
- Lack of seatbelts and/or insufficient seats for all passengers
- Poor maintenance
- Improper loading/overloading
- Driver error (inexperience, inattentive or risky driving, fatigue, distraction, intoxication)
- Failure of other drivers to observe a stopped school bus
Common Injuries From Mass Transit Accidents
- Fractures
- Joint dislocations
- Strains and sprains
- Lacerations
- Traumatic Brain Injuries (TBIs) including concussions
- Spinal cord injuries
- Nerve Damage
- Burns
- Post-Traumatic Stress Disorder
What To Do When You Are Injured
Your primary concern immediately following a bus or mass transit injury must be your own health and safety. However, there are other things you, or someone travelling with you, may be able to do to assist with a future lawsuit.
- If possible, ensure you are not in a position to experience a secondary accident or injury (for example, on the road or train tracks).
- Get assessed by medical first responders at the scene of the accident, even if you don’t initially believe you have been injured. Visiting a hospital or doctor’s office soon after the accident will also ensure there are records of your post-accident condition/injuries.
- Provide a factual statement to police. Do not admit fault to police or to anyone else at the scene of the accident. Do not sign any statement at the scene of the accident unless you are completely satisfied it is accurate.
- Ask eyewitnesses to the accident to provide contact information to you or police responding to the accident.
- Determine whether there may be any video footage of the accident (on the transit vehicle, from other vehicles, or from stationary security cameras nearby).
- Request a copy of the police report.
- Contact an experienced bus accident lawyer as soon as possible.
What Are My Rights After A Mass Transit Accident?
If a person is injured while boarding, riding, or exiting a public transit vehicle, they may be eligible to receive accident benefits and/or file a lawsuit (tort claim) for damages.
Accident Benefits
Anyone injured in a motor vehicle accident in Ontario is eligible to make a claim for accident benefits. The Statutory Accident Benefits Schedule (SABS) permits injured persons to access funds, in a timely manner, that aid in their rehabilitation and recovery, even if they do not personally carry a motor vehicle accident insurance policy.
These benefits, which vary in duration and amount based on the severity of an injury, include funds for:
- Medical and rehabilitation expenses and attendant care
- Income replacement, or a non-earner or caregiver benefit
- Housekeeping and home maintenance
- Cost of medical examinations
However, there are statutory limitations which may limit claims involving passengers on public transit vehicles involved in certain types of accidents.
For example, if a passenger on a municipally operated bus is injured when the vehicle makes contact with another vehicle, road user, or stationary hazard, they would likely be able to make a claim for benefits based on the Statutory Accident Benefits Schedule (SABS). However, due to a 2011 amendment to the Ontario Insurance Act, if the passenger was injured when the bus driver swerved to avoid a collision, a claim would be rejected. Dubbed the “no crash, no cash rule,” it prevents injured people from making a claim on SABS if their injuries were not the result of a collision.
Tort Claims
If you were not at fault for the bus accident, or only partially at fault, you may be able to file a lawsuit for damages. A tort claim is often necessary because many people prematurely exhaust their SABS benefits before they are fully recovered.
A lawsuit could seek compensation for both pecuniary (calculable) and non-pecuniary (non-calculable) losses that you suffered as a result of the accident. For example, pecuniary damages could include medical and rehabilitation expenses and lost income (to date and anticipated future losses). Non-pecuniary damages could include a claim for pain and suffering.
There can be more than one defendant in a lawsuit and depending on the circumstances in the accident you might sue the at-fault driver, the company or municipality providing the bus service, or the manufacturer of a bus if a defect caused or contributed to your loss.
It is important to speak to a bus accident lawyer as quickly as possible following your injury to preserve your right to sue as the statute of limitations to make a claim varies. Usually an injured person has two years to file notice of a claim for damages; but if you are suing a municipal government or municipal employee, you must file notice of claim within 10 days of the accident.
HSH Is Ready To Help
Mass transit accident law can be complex and challenging. Choosing the right bus accident lawyer to represent you can significantly affect how your case is built, how it advances, and ultimately how successful it will be.
Whether your accident involves a bus, streetcar, subway, or train, the personal injury lawyers at HSH LLP have the knowledge, skill, and experience to be strong and tireless advocates on your behalf. Our firm is renowned for building cases that persuade defendants to settle at the negotiating table. Insurers know that we are always ready to take our cases to trial if they don’t make a fair offer.
But, our legal acumen is only one of the reasons we are recognized as one of the country’s top personal injury firms. At HSH, we take time to understand exactly what our clients want and need, and what makes them unique. We build a relationship with each client that is based on trust, respect, and compassion for what you are enduring at this difficult time in your life.
When you contact a member of our team for a free, no obligation initial consultation, we listen to your story with empathy, clearly explain your legal rights and options, and carefully answer any and all of your questions. If we believe we can successfully access compensation for you, we will gladly offer to become your trusted legal representative.
Your Unshakable Supporters
With an HSH bus accident lawyer on your side and by your side, you will not have to face the rehabilitation and recovery process alone. As you focus on your physical and mental wellbeing, we will give you peace of mind that your quest for justice is in good hands.
