Bus, Coach And Minibus Accident Compensation Claims

Have you been injured whilst on a bus? If so, you may be eligible to start a bus passenger accident claim for compensation. Injuries from these types of accidents can vary but so long as the accident was the fault of someone else, you could be owed compensation.

We will discuss how bus accidents can happen, what type of injuries they can cause and, importantly, how compensation for these injuries is calculated. We will show you the evidence needed to strengthen a case and also talk about when you can make a claim on behalf of your child.

Also included is how a specialist solicitor from our panel could handle your road traffic accident claim on a No Win No Fee basis. You can read the guide and use the menu below to jump to a specific section, but if you would like to speak to one of our advisors straight away, you can:

A red bus driving down the road.

 

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Common Causes Of Bus Accidents In The UK

Bus accidents could be caused in a variety of ways, including:

  • A bus driver is negligent and causes a collision.
  • The bus is faulty or defective.
  • Another road user is negligent and collides with a bus.
  • The bus company is negligent (e.g. by failing to check a driver’s qualifications or by making them drive for too long a period without a break).
  • The driver or another road user is under the influence of drugs or alcohol, causing a collision.

If you have been injured as a passenger on a bus you can contact our advisors to begin the process of claiming today.

How Can You Make A Bus Accident Claim?

To have a valid personal injury claim, you will need to be able to show three things:

  • Someone owed you a duty of care
  • They breached this duty
  • You suffered injury as a result

All road users have a duty to ensure they use their vehicles so that they do not cause harm. This is a legal duty, and to meet it, drivers must adhere to the Road Traffic Act 1988 and the Highway Code.

Here are some example scenarios that could lead to a bus accident claim:

  • A bus attempts to change lanes when it is unsafe to do so on the motorway, resulting in a significant collision.
  • The driver of a bus sets off before an elderly lady has a chance to find a seat. She falls over and breaks her hip.
  • A car fails to obey a giveaway junction and comes through it at speed, colliding with the side of a bus. The impact causes a passenger on the bus to hit their head against the window, causing a serious head injury.
  • A bus driver fails to notice a cyclist established on the road, and they knock them from their bike, causing a punctured lung.

We will talk about helpful evidence in a coming section, but if you would like to reach out to an advisor, they can give you a free no-obligation case assessment today.

The Types Of Injuries Covered In Bus Passenger Accident Claims

If you are involved in a bus accident, you may sustain minor injuries, or they could be more serious. Here is an insight into what injuries you might claim for:

Will The Whiplash Reform Programme Affect My Claim?

Whiplash is a common injury caused by bus accidents. You can claim for whiplash injuries; however, some changes were made to claims for these injuries with the introduction of the Whiplash Reform Programme (WRP).

If you are claiming for whiplash injuries or minor injuries following a road traffic accident in England or Wales, you will claim through a different avenue. The WRP apply if:

  • You were a driver or passenger of a vehicle
  • You are aged 18 or over
  • Your injuries are valued at £5,000 or less

In this case your injuries will be valued with the fixed tariff set out within the Whiplash Injury Regulations 2021.

It can be difficult to know if your injuries are worth over £5,000 in compensation, and sometimes injuries can be worse than they first appear. To clarify, you can contact our team today, and they will be happy to help you.

A woman with a neck injury. She has a soft collar around her neck.

How Much Compensation You Could Receive

Assuming the fixed whiplash tariffs do not apply, then in a successful case, you may be entitled to compensation, namely general damages and special damages. 

If you are awarded general damages, this means that you have been compensated for the physical and psychological injuries you sustained in the bus accident. The sum of general damages depends on the severity of your injuries and some other factors. The team that calculates this award can refer to the Judicial College Guidelines (JCG). This is used as it gives a list of a variety of injuries and a corresponding suggested compensation bracket.

Here is an example from the JCG of what injuries you may be compensated for in a bus injury claim. Please note that the top figure is not from the JCG, and the bottom two entries are fixed awards from the tariffs discussed earlier in the guide.

Injuries Compensation
Serious Injuries and Significant Psychological SufferingUp to £1 million
Severe Back Injuries (ii)£90,510 to £107,910
Severe (ii) Neck Injuries£80,240 to £159,770
Moderate Shoulder Injuries£9,630 to £15,580
Severe Pelvis And Hip Injuries (iii)£47,810 to £64,070
Wrist Injuries (c)£15,370 to £29,900
Simple Fractures to Tibia or Fibula or Soft Tissue InjuriesUp to £14,450
Fractures to Cheekbones (i)£12,450 to £19,260
Whiplash With Psychological Suffering£4,345
Whiplash£4,215

What Additional Costs Could Be Recovered?

If you are entitled to general damages, then you may also be entitled to special damages.

Special damages compensate you for any financial losses you incurred after the accident. You may be entitled to this as part of your compensation as you would not have suffered from such losses if the accident did not happen. 

Some examples of costs that may be recovered include:

  • Lost income and wages.
  • Loss of special work benefits such as bonuses.
  • Medical costs.
  • Travel costs.
  • Cost of special equipment such as walking aids.

If you are claiming special damages, you must provide evidence of the losses you incurred. You can do this by showing:

  • Pay slips
  • Bank statements 
  • Medical bills
  • Receipts

To discuss any other out of pocket losses that you may wish to claim, contact our advisory team today.

How To Claim Compensation As A Bus Passenger

Here is some key information about making a bus passenger accident claim.

Proving Liability

To prove liability means that you are able to show that either the bus driver or another road user, who owed you a duty of care, is responsible for your accident. 

Here are some ways you may be able to prove liability:

  • Obtain CCTV and dashcam footage of the accident 
  • Take witness contact details so a statement can be taken later if needed. 
  • Obtain the insurance details of the third party.
  • Get the name of the bus driver if you think they were at fault.
  • Take photographs of your injuries and any vehicle damage.

If you would like assistance in gathering evidence from a specialist solicitor, you can contact an advisor to see if you are eligible to claim. They can then connect you with a solicitor from our panel.

Accident Solicitors And No Win No Fee Agreements

The solicitors on our panel have years of dealing with road traffic accident claims. They can help you with the claims process by:

  • Gathering evidence
  • Arranging for an independent medical examination
  • Correctly calculating your compensation
  • Making sure all losses that can be are added to your claim
  • Explaining legal terms
  • Using their legal knowledge to help you win your case

Our panel solicitors work on a No Win No Fee basis, and can offer you a Conditional Fee Agreement (CFA). This type of agreement has some benefits that you may not be aware of:

  • You pay no upfront or ongoing solicitor fees. 
  • In unsuccessful cases, you will not be required to pay for our panel solicitor’s work on your case.
  • Instead, in successful cases, a legally capped percentage of your compensation will be paid to the solicitor as a success fee.

To see if you are eligible to work with one of the panel solicitors for your bus passenger accident claim, contact an advisor.

A solicitor works on a bus passenger accident claim at desk.

Can You Make A Bus Accident Claim On Behalf Of A Child?

If your child, or a child you care for, has been injured in a bus accident, you can start a claim on their behalf.

Those who are under the age of 18 (i.e. a minor) cannot start their own claim. They can wait until they turn 18 and start then, but often, a suitable adult will start a claim for them as their litigation friend. A litigation friend’s role is to act on behalf of a child and make legal decisions in the best interest of the child. 

If the minor turns 18 during the life of the case, then the litigation friend is no longer needed.

How Else Can A Litigation Friend Help?

If a person has been involved in a bus accident and lacks the mental capacity to start a claim, a litigation friend can also bring a claim for them in the same manner as they could for a child.

The Mental Capacity Act 2005 defines mental capacity. If the injured person regains capacity, they will be able to complete the claims process themselves. 

To find out more about claiming on behalf of someone else, you can contact an advisor.

Can I Make A Fatal Bus Accident Claim On Behalf Of A Loved One

In the most tragic of circumstances, a bus accident can lead to a loved one passing away.

Under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate can bring a claim for the suffering and losses they encountered prior to their death. The estate is the only party that can bring a claim in the first 6 months following the deceased’s death.

If 6 months pass and the estate has not made a claim for them, under the Fatal Accidents Act 1976 (FAA), dependents may start a claim for how they have been affected by their loved ones’ death.

Qualifying dependents under the FAA include:

  • Civil partner, husband or wife
  • Someone who has cohabited as a spouse for 2 years prior to the death
  • Parent (or step-parent) of the deceased
  • The child (or step-child) of the deceased
  • A sibling, aunt, uncle or cousin of the deceased.

If you have lost a loved one in a bus accident, our sensitive advisors can answer our questions and potentially connect you to one of our panel solicitors.

Contact Our Team

You can reach our advisors 24 hours a day, 7 days a week. There is no obligation to proceed past an initial conversation, so why not contact us to see if you are eligible to claim?

More Information On Road Traffic Accident Compensation Claims

Access the following links for more information on road traffic accidents and personal injury claims:

References:

Thank you for taking the time to read this guide on bus passenger accident claims.