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What is a public transport accident claim?
If you use public transport to travel, whether that is by bus, train or light rail, it is not always without risk and unfortunately sometimes people will sustain injury whilst catching public transport.
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Public Transport Claims
If you use public transport to travel, whether that is by bus, train or light rail, it is not always without risk and unfortunately sometimes people will sustain injury whilst catching public transport.
If you have sustained an injury on a bus, train or light rail you may be able to make a claim for compensation.
There are generally two types of public transport claims.
The first type is where your injuries were caused by the public transit vehicles such as bus or light rail colliding with you or the vehicle in which you are travelling. In this situation, this is a motor vehicle accident, and the Motor Accident Injuries Act NSW 2017 would apply. If this is the case, then you need to make an Application for Personal Injury Benefits through SIRA. You are entitled to payment of loss of income and medical expenses for up to 6 months. If you have serious injuries and you can demonstrate that the public transport operator was at fault, then you may also be able to make a claim for damages.
The second situation applies where you are injured whilst a passenger on a public transport vehicle, such a slipping on water on the floor of a bus or train. An injury not involving a collision of vehicles. Public Liability law would apply in this case, where the owner of the public transport vehicle, usually the government, has a duty of care to ensure that they do not negligently injury someone and are liable to pay damages.
What kind of compensation can I expect from a public transport accident claim?
If you have sustained an injury, you are usually entitled to claim the following types of compensation.
- Pain and suffering and loss of enjoyment of life.
- Payment of past and future medical expenses.
- Payment of past and future loss of income, including loss of superannuation.
The amount and type of compensation you are entitled to receive will depend on how serious your injury is and whether you have required time off work.
Claims of this type can be complicated and you should contact an accredited specialist in personal injury law to discuss your claim. You can contact Garling & Co Lawyers on 02 8329 9500 or info@garlingandco.com.au
