Bus Accident Claim: How to Apply For Claims?::Category: Dog Bites ::Date: 11-02-2019
It was just another day for Brady, a dedicated cyclist who cycles to and from work in Ashford. It was just a normal day for him, on march the second, 2018.
As he was waiting for the lights to go green, on an inner junction, he felt a big push from behind and was immediately sent sprawling off his bicycle. Turns out, a bus had knocked him, as it was approaching the bus stop. Brady sustained serious injuries and had to be admitted into hospital for a few days.
Brady’s story is becoming common on British roads. In fact, recent studies from the department of transport indicated that between 2007 and 2018, accidents involving buses claimed one life every 2 weeks in London. Fortunately not all injury cases involving buses are as serious. However, the majority of buses still do not carry seat belts and therefore the risk of injury still remains high.
The public transport system in the UK has a high level of health and safety standards. The government has also implemented ample measures to ensure that this remains to be the case for some time to come. In the year between 2017-2018, there has been at least 20,000 incidents involving public buses across U.K. With such high numbers, it’s of essence to discuss grounds for compensations for individuals who have sustained injuries.
When is a Claim Viable?
For a solicitor, to at least hear your case, you must have at least been:
- Injured in the last three years (longer if children were involved)
- Someone (e.g. the driver, bus company, other road user etc.) else was at fault
Solicitors usually have three step they follow to be able to lodge a case on your behalf. You must feel certain other requirements which generally are:
- Limitation – It must have happened in the last 3 years
- Causation – the accident was the direct cause of the injury
- Liability – a person or entity owed you a duty of care and was responsible for the injury
What is the £1,000 rule?
The solicitor will want to ensure that the total of general and special damages exceeds £1,000 – the small claims court limit.
If the claim is worth less than this then the solicitor will not be able to recover their costs from the defendant. A solicitor will consider a claim worth less than claim to be ‘low quantum’.
What to Do Immediately After An Accident?
You should be able to understand accidents are bound to happen in or outside the bus. While inside the bus, you may bump your head on the seat in front of you, or get thrown off your seat and suffer injuries due to the drivers bad and irresponsible driving.
In the event this happens, you should first try to get as much as information as possible. Many people will first rush to communicate with other passengers in the bus. Gather as much as you can, with their contacts too, just in case you may require them as witnesses, especially on the cause of the accident.
The next thing to do is seek medical attention if the injuries are many. If there are police at the scene, answer their questions in relation to what caused the accident to occur and leave your state of health to the discretion to the doctor’s report.
You should also have proof that you were a passenger on the bus. Mainly tuck your ticket or pass for future verification. If possible, take photographs of the scene of the accident – this can validate your account of events.
After How Long Should I Make a Claim?
Its best advised to make a contact, to the office of a personal injury solicitor, as soon as its possible.
This not only helps in giving accurate information on the case, as its more fresh in your memory, but also you solicitor can start making enquiries soon enough, maybe ask for CCTV clips on the set date. Some CCTV clips delete their footage automatically after a set period.
For your solicitor, it will be a race against time to get the most of the evidence available By law, you have a maximum of up to three years to make a claim, thus you shouldn’t feel pressured whatsoever. But keep in mind, the earlier the better, your chances of being successful in your claims application.
How Compensation Could Help You
For many people, it’s always about the money involved. While financial compensation is still an important factor, it can’t be enough to be substituted for any injuries on your body.
As a basic principle in personal injury law, the whole point of making claims, is to as much as possible, return the person to the position would have been in if the accident or illness had not happened.
While it’s not expected, Compensation does not try, in any way change the past, but it should have a positive impact on your present circumstances and future recovery. The courts recognize that a bus or coach accident can have a life-changing impact. Compensation may be awarded:
- For any pain and suffering sustained
- To cover extra medical expenses such as physiotherapy, if need be.
- To reimburse any other expenses or damage to personal property
- To cover any loss of earnings including those anticipated in the future
All these are important factors that should be remembered, for they will reflect in the bus accidents compensation claims that are made. Remember irrational steps taken after the public transport accident only worsen the situation of a solid case on grounds for the intended compensation claim
Generally, a lot is involved in accident claims. It’s always a good idea to seek help from the numerous advisers specializing on accidents claims.