Have You Been Hurt on Public Transit?

November 14, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Many of us take riding public transit for granted and assume that we are safe on board. This is an interesting assumption since transit busses and streetcars travel fast, we don’t wear seatbelts, many of us stand on them, and their access stairs and walkways are often wet and slippery. Occasionally we hear of tragedies in which people are either hit by a transit vehicle or they are dragged along under one.

Accidents involving public transit vehicles pose unique challenges. In some cases people injured on a transit vehicle (in a crash or slip and fall), or by a transit vehicle are insured for their injuries. The transit authorities carry insurance that will cover you as the passenger. These policies, however, can be difficult to interpret and the benefits may be difficult to access if you don’t know what you are entitled to. If you are hurt you should consult with an experienced personal injury lawyer to learn what your options are.

The specific personal injury benefits, or compensation that are available to you vary with the situation and depend upon the ownership of the vehicle, the nature of the accident (slip and fall or crash), and who is at fault.

The term ‘public transit’ is key when determining the kind of benefit you are entitled to. Municipally owned and operated busses where there is a charge for transportation and the service is done on behalf of a municipality or local board are considered public transit. School busses, disabled transit transportation, and ambulances are not considered as public transit.

The nature and location of the accident is also important. Did the accident occur on the platform? In the station? On the vehicle? Was the accident due to a crash, sudden stop, or a hazard? In cases that you are injured on a bus, but the injury is not due to a collision you may have a more difficult time accessing benefits and may be forced to bring a lawsuit against the party(ies) at fault in order to have the resources to treat your injuries.

If you are injured in an accident involving public transit vehicles, or on public transit property you should follow these steps:

1. If you or a fellow passenger are seriously injured call 911.
2. If you are injured in a slip and fall you, or a companion, should take the names of witnesses and take photos of the scene.
3. In all cases advise the transit authority immediately of the accident, and of your injuries.
4. Seek healthcare and be sure to inform them how, where and when, you have been injured.
5. Take notes of who you have spoken with and what was discussed.
6. Contact a personal injury lawyer to help you with the benefits process.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.