Can I claim compensation for injuries sustained on public transportation?

Published 01 Dec 2017

Cities in NSW are quickly becoming overcrowded, with the population growing by 10.5 per cent between 2011 and 2016, according to the most recent census. For the average person, this means that the easiest way to get around the bustling city is to take public transportation.

As convenient as it might be, taking buses, trains, ferries and metro systems opens individuals up to a whole host of potential injuries that could occur. Some examples of this might be sudden or aggressive braking that make you hit your head or fall, a crash that was a result of driver negligence or a driver who closes the door on you or injures you by unexpectedly pulling away from the curb, platform or wharf.

Luckily, if you are injured on public transportation, you’ll likely be able to make a public liability claim for compensation, as the injury took place on public property.

What steps do I follow if I’ve been injured?

Individuals who have sustained injuries on public transportation need to first ensure that they have filed a police report detailing the incident. This is especially important in cases where multiple parties were injured - such as in a bus accident. The police report must be filed within 28 days of the incident, otherwise the likelihood of establishing a viable case decreases.

In order for the claim to be considered a public liability issue, you must establish negligence - whether it’s on behalf of the driver and/or bus service or the city (for example, if the road was not properly maintained). City councils and public employees owe passengers what is known as a ‘duty of care’ - this means they agree to do their best to protect citizens against injury.

Establishing negligence can be a tough process in retrospect, as evidence needs to be gathered from witnesses, vehicles need to be inspected, dash cams need to be checked, etc. This is where it’s important to seek the help of a legal specialist, like the team of lawyers at Gerard Malouf & Partners.

Our public liability lawyers are the best in the business - in fact, we have a 99 per cent success rate in motor vehicle compensation claims. In addition to offering our clients a free consultation, we have a no win no fee policy, giving you peace of mind while we help you win your case. For more information, reach out to a representative today.