Public transport aims to be quick, reliable and safe for all to use. However, accidents can and do happen. 

If you have been involved in an accident while using public transport, or as a pedestrian or road user, and have been injured as a result O’Brien & Company Solicitors, based in Dublin and Wicklow, can help you.

Transport operators and drivers have a duty of care for you as a passenger and also to pedestrians and other road users and, where they are in breach of this duty and it results in injury and financial loss for you, then you may be entitled to compensation.

If you wish to pursue a road traffic accident claim, O’Brien & Company Solicitors can advise and assist you. Our specialist personal injury solicitors have experience and expertise in these cases and will be at your side throughout the claims process. 

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Common public transport accident claims

Public transport operators and their drivers and employees are obliged to ensure your health and safety whilst using public transport. 

Likewise, operators and drivers of public transport have a duty of care towards pedestrians and other road users. Transport operators are also expected to maintain their vehicles and keep them in good repair to avoid injuries.

There are numerous types of public transport accident:

Bus accidents are common, especially as buses are busy and their drivers on a tight schedule. 

Bus accidents can involve passenger injuries on the bus such as slip, trip, or fall type injuries, and injuries involving bus doors and boarding or alighting the bus.

Poor driving can cause bus injuries such as whiplash type injuries, or falls when the driver brakes suddenly without due care or attention for the passengers.

Buses can also be involved in accidents which involve pedestrians and also road traffic accidents with other road users such as cyclists, e scooter users, and other vehicles.

Road traffic accidents can injure bus passengers who are travelling on the bus as well as members of the public.

Train accidents can take many forms and can leave you injured in a number of ways. Train collisions and signal failures are thankfully rare but can cause serious injuries for all of those involved in them.

Passengers can also be injured while travelling on the train or at a station. Injuries can occur when boarding or alighting from trains due to faulty doors or falls on platforms. Assaults by other passengers can lead to injuries on trains. 

Transport operators have an obligation to provide safe stations for rail passengers but injuries can occur from hazards such as wet floors, poorly maintained surfaces and handrails etc.

By their nature and given that they pass through busy urban areas, trams can cause accidents involving passengers, pedestrians and other road users.

Where you are injured while travelling by Luas or tram this could occur whilst on the tram, when boarding or alighting from the tram or while waiting for the tram or at the Luas or tram stop, such as falling off the tram when alighting or being hit by the tram while waiting at a stop.

Tram accidents can also occur which involve other road users such as pedestrians, bikes, e scooters, and vehicles.

Taxi accidents can occur such as being hit by the taxi door or injuries due to the poor driving of a taxi e.g. whiplash type injuries or hitting your head when the driver brakes suddenly.

The taxi you are travelling may also be involved in a road traffic accident while you are a passenger which could lead to serious injuries to you.

Taxis are also involved in accidents with pedestrians, and other road users. Pedestrians, cyclists, and e scooter riders, are all considered vulnerable road users and a taxi should be driven with due care and attention for these road users. 

How to make a public transport accident claim

There are some steps that will help you to make a successful public transport accident claim:

You may not be in a position following an accident to do so but it is really helpful if you can gather as much evidence as you can at the scene of the accident. Note the date, time, and location of your accident. It is also a good idea to jot down the details of what has occurred while it is fresh in your mind. 

You will also need to get the name and contact details of the public transport driver if you can. Any photos, or a video if you can take one, of the scene as well as details of any CCTV footage available will all be helpful. If there are eyewitnesses, try to get their contact details if at all possible.

If the Gardai attended the scene try to get their names and/or a copy of any Garda report made.

Being involved in an accident and injured is a difficult time and at O’Brien & Company Solicitors we understand that. It can be daunting to consider taking on a personal injury claim at this time but it is best to seek advice as soon as possible after your accident. 

Our specialist solicitors can assess your claim and determine liability in your case, help you to gather the necessary evidence, and assist you to obtain the necessary documentation and expert reports, such as medical reports, Gardai reports etc.

The Personal Injuries Resolution Board (PIAB) is the statutory body who will assess your claim for compensation and recommend a settlement if your case is successful.

Your public transport injury claim solicitor will submit your application to the PIAB for assessment on your behalf and will represent you and guide you through the process.

This process can take a number of months but, following assessment, the PIAB may issue an award based on the type and extent of your injuries and the losses you have incurred.

You will then have to decide whether or not to accept this settlement. If you do not wish to accept the settlement, you may proceed to Court. Your solicitor will advise you in this instance.

If you have been injured, it is a really stressful time but try to keep a record of any medical treatment you have received if you can and any receipts you can for treatment you have received.

If you incur any additional expenses as a result of the accident keep all receipts if you can.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

How long do I have to make a public transport accident claim?

Generally the statute of limitations, or time limit, for making a claim for a personal injury is two years. 

This may be two years from the day of the accident or the ‘date of knowledge’ which is the date when a medical professional diagnosed the injuries that arose from your accident.

Where the claimant is under 18, either the child’s parents can make a claim on their behalf or they can themselves make a claim following their 18th birthday. If they make a claim on turning 18, they then have two years to make a claim on their own behalf.

There are exceptions to these time limits but they are rare. Generally it is advised to speak to a public transport accident claim solicitor as soon as possible following your injury.

Public transport accident compensation

There are guidelines for compensation amounts, however, the amount of compensation you may be awarded if your claim is successful will depend on the type, extent, and nature of your injuries and your pain and suffering as a result.

Injuries caused by public transport can lead to you facing medical bills, time off work, or rehabilitation costs. 

The effect these injuries have had on your life, such as your ability to work, and the effect on your family and social relationships, as well as medical bills and expenses incurred will all be taken into account. Psychological effects of your accident also come into play.

For an accurate estimate on how much you could claim in compensation, speak to a road traffic accident  solicitor today!

O’Brien & Company Solicitors

O’Brien & Company Solicitors, based in Dublin City Centre and Wicklow town, have a proven track record in personal injury claims and we are here to help you if you have been injured in a public transport accident that was not your fault.

Our team of experienced, personal injury claims expert solicitors are available to speak with you about your public transport accident claim. We can conduct a full, confidential review and advise you if there is a claim to pursue. 

Fill in our Claims Assessment or call us and we can discuss your accident with you.

Contact us now
in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.