Public Transit Accidents – The Good, the Bad, and the Ugly

The Good

Public transit vehicles are only protected defendants when a crash occurs. Generally, defendants in motor vehicle accident litigation are legislatively protected from full liability for claims for income loss, loss of earning capacity, incurred health care expenses, future health care expenses, and non-pecuniary damages (i.e. damages for pain and suffering). This protection is only available for the owner or driver of a public transit vehicle if it collided with another automobile or other object during the accident. In other words, if you sustained an injury on a public transit bus due to an abrupt stop, for example, the owner or driver is not legislatively protected from full exposure to your damages.

The Bad

“No Crash, No Cash.” Statutory accident benefits are only payable in respect of an occupant of a public transit vehicle if the public transit vehicle collided with another automobile or object. If there was no crash between the public transit vehicle and another object, e.g. the injury sustained as a result of the bus lurching forward, then statutory accident benefits are not available.

The Ugly

Although public transit drivers are held to a higher standard of care than an average driver, the realities of operating a public transit vehicle on schedule for the general public, and sometimes in adverse weather conditions, will be taken into consideration when the court is determining whether the driver was negligent in the operation of the public transit vehicle. Each case must be assessed on its facts but, historically, the court has not found the driver to breach the standard of care in cases where a bus jerked, jolted, lurched, etc., while the passenger was still walking to their seat, especially if they were an experienced passenger.

Because of the complexities specific to public transit vehicles, we recommend contacting any of our personal injury lawyers to understand your entitlement to compensation.