Woman is awarded $55,000.00 after bus driver drove off prior to allowing her to sit
Published 30 Sep 2014
We acted for Mrs S who was a passenger on a state transit bus that was travelling from the city to North Sydney. Mrs S alighted the bus at Central and was heading towards North Sydney. Prior to allowing Mrs S to sit down the bus driver had driven off sharply and suddenly causing her to fall over and strike her head and elbow onto the metal pole. Mrs S was not sure whether she had any rights against the bus driver or the bus company but she sought the advice of Gerard Malouf and Partners.
Gerard Malouf and Partners lodged a claim form against the CTP Insurer of the bus driver and bus in question. They accepted the claim and following an assessment of Mrs S’ injuries and evidence was obtained from an Orthopaedic Surgeon, a Psychiatrist, an Occupational Therapist and an Occupational Physician as to the nature of Mrs S’ injuries, whether she required any future treatment, whether the injuries were likely to be permanent, whether Mrs S was going to require ongoing care or whether the accident was going to have an impact on Mrs S’ earning capacity. Those reports assisted us in determining the correct value of Mrs S’ claim and they were extremely helpful and supportive.
The reports were served onto Zurich who was the CTP Insurer in question. After receiving the reports Zurich invited our offices to participate in a Settlement Conference at their offices in North Sydney.
After extensive negotiations the matter resolved in the sum of $55,000.00.
Mrs S was delighted with the result that we were able to achieve on her behalf after initially believing that she did not have any legal entitlements. Mrs S did not realise that although she was a passenger on the bus that the bus driver also has an obligation to the passengers to ensure that he is driving the bus in a safe manner which does not pose a risk of injury to the passengers. In such similar case whereby the bus driver drove off prior to allowing Mrs S to sit down this gave Mrs S an entitlement to sue the driver on the basis that he acted negligently and that he breached his duty of care that he owed to Mrs S. It is for that reason that the CTP Insurer accepted liability for the public transport injury and paid compensation.
If you are unsure as to whether you have any entitlements or if you have been injured in similar circumstances on a State Transit bus then please feel free to contact us on our toll free number 1800 004 878 for free no obligation consultation at one of our Sydney wide offices.