Can I Claim Compensation If The Bus Stopped Suddenly?
By Lewis Cobain. Last updated 20th October 2023. Welcome to our guide about making a compensation claim after an emergency braking accident on a bus. The bus services in the UK are something that sees lots of commuters and leisure travellers every day. While most journeys go off without a hitch, it is important to note that not all bus journeys end satisfactorily.
A bus accident injury is no joke whatsoever, and if a bus braking causes it in an emergency, you may not realise it, but it might be a possibility that you could claim compensation. Whether you have suffered whiplash, strains, sprains or more serious injuries, then you might want to read below to see if you’re likely to be able to claim.
If you’re more interested in talking about what you’ve gone through to ascertain the validity of a bus accident claim, then 0800 073 8804 is the right number to call. You can also contact us through our website or write to us using the chat bubble now on your screen.
This guide answers important questions about the claims process, such as “do bus drivers owe a duty of care?” and “are bus drivers liable for accidents?” To learn more, please read on.
Bus emergency brake accident
Select A Section
- Can I Claim Compensation If The Bus Stopped Suddenly?
- What Could Happen If A Bus Brakes in An Emergency
- Common Causes of Bus Emergency Braking Accidents
- Can A Bus Driver Claim For Injuries Caused By Emergency Braking?
- Case Study: Injuries Caused by A Bus Braking in An Emergency
- What Can Compensation Include In A Bus Accident Claim?
- Compensation Payouts In Bus Accident Claims
- Can I Make A No Win No Fee Claim?
- How Legal Expert Can Help You
- Talk to Our Specialist Team Today
- Learn More About What To Do If You Get Injured When A Bus Stopped Suddenly
Can I Claim Compensation If The Bus Stopped Suddenly?
If you suffered an injury when your bus stopped suddenly, to be able to make a bus accident claim, you will need to meet the relevant eligibility criteria. This is:
- You were owed a duty of care.
- This duty was breached.
- Due to this breach, you suffered an injury.
All road users owe each other a duty of care. Per this duty, they must use the roads in a manner that prevents causing injury to themselves and others. They must also follow the relevant rules set out for them in the Road Traffic Act 1988 and the Highway Code.
If you were injured while on a bus due to it stopping suddenly, you would need to prove that either the bus driver breached their duty of care, or that another road user did in order to have a valid personal injury claim.
When making your claim, you must also adhere to the relevant time limit. The Limitation Act 1980 sets this out as 3 years from the date of your accident. Certain exceptions do apply to this limitation period.
To find out what these exceptions are, you can contact our advisory team. They can also help answer any questions you may have, such as, ‘Can I make a claim for an emergency braking accident on a bus?’.
What Could Happen If A Bus Brakes In An Emergency?
Whether someone cuts in front of a bus or someone tries to cross the road in front of one, there are several reasons a driver may have to make an emergency stop leading you to be injured on bus journeys, including if they have lost concentration for a second and not noticed that traffic lights have changed.
Several different scenarios could happen if you were on a bus and coach that had to effect an emergency stop.
Firstly, if you were a standing passenger, you might be thrown forward, causing you to fall, bang into something, or suffer injuries such as whiplash.
Should you be seated, because many buses don’t have seatbelts, you could, again, be thrown forward into the seat in front of you, into the aisle, or even someone standing or sitting in the vicinity of your seat.
Another way you could be injured when a bus driver brakes suddenly is where there is luggage or other items on the bus that could be launched into you because of the bus braking. This could cause serious injuries, particularly if the item that hits you is heavy.
Whatever injury you’ve obtained from a bus accident from emergency braking, our team can offer assistance with getting you the compensation you are entitled to claim.
What Is Classed As A Dangerous Emergency Stop?
Dangerous emergency stops can happen for a variety of reasons. However, situations requiring an emergency stop occur quickly, leaving very little time for a driver to decide whether it should happen.
As a bus has no seat belts, it is essential that a driver only affects this manoeuvre should there be only one option. This is especially dangerous to standing passengers, who often suffer worse injuries than others in these situations.
If a driver is seen to have effected an emergency stop when they should not have done, or done so because they were distracted and did not spot a hazard in time to effect another manoeuvre, then it may be a case against the bus company that is put forward. However, if the emergency stop was necessary because of the fault of another road user, then that may lead to a case against that other road user.
When picking out who is liable for a bus accident injury involving an emergency stop, you must have expert assistance. Legal Expert can provide a personal injury solicitor that will look at the case to find who is at fault and take action on your behalf accordingly. Please continue reading to learn more about a compensation claim for an emergency braking accident on a bus.
Common Causes of Bus Emergency Braking Accidents
There is an almost infinite number of things that can go wrong on the roads, and whilst it would not be possible to list all of the reasons a bus driver might make an emergency stop, we can list the most common causes. They are:
- When a driver loses concentration momentarily and doesn’t see the lights change
- Dangerous manoeuvres affected by other motorists
- Pedestrian stepping out in front of bus
- An animal running out into the road
- Malfunctioning traffic lights changing suddenly
- Malfunctioning vehicle
Whether one of these was the cause of your bus accident injury or some other reason for the emergency stop, if you are injured, and someone is at fault, call us to ascertain how valid your claim would be.
Can A Bus Driver Claim For Injuries Caused By Emergency Braking?
Few people consider the driver in a bus accident injury case. Still, it is, of course, the case that if other passengers are injured because of an emergency stop, then there is just as much risk to the driver suffering this type of injury. This can lead to accident on a first bus claims or whichever company operates the bus. If a bus driver is injured in an accident because they had to brake to avoid another road user acting negligently or dangerously, then it stands to reason that they should claim. Similarly, if the bus driver has been forced to drive a bus that is not maintained to a sufficient standard and this causes the need for the bus suddenly braking, then a bus driver could make an accident at work bus injury claim against their employer.
If you have been injured as a driver of a bus, and believe someone else was at fault for the accident that caused your injuries, then you should get in touch with a personal injury lawyer who can handle a compensation claim for you. We can help with this.
Case Study: Injuries Caused By A Bus Braking In An Emergency
One horrific accident about suing a bus company for an emergency stop accident would involve claims against Arriva buses by David Lloyd. Mr Lloyd, who was 66 at the time of the accident, was on a bus that made an emergency stop allegedly due to the need to avoid a bike user on a roundabout. Lloyd, a pensioner from the Midlands, was thrown about the bus, out of the seat he was occupying and hit the floor.
He was left with broken ribs and a punctured lung that necessitated a stay in a critical care unit for a week. He hopes, with the evidence provided by a medical expert showing his bus injuries were potentially life-threatening, to win a personal injury on a bus claim from Arriva, the bus company that was carrying him as a passenger.
What Can Compensation Include In A Bus Accident Claim?
A passenger bus accident claim usually results in a payment that takes into account several different factors. The first of which is usually an amount determined by the injury you would have received. It is important to remember that there is no set payment amount for a specific injury, such as whiplash. Your injury would be calculated based on the medical evidence and the prognosis for recovery. Still, an injury may affect you differently than another person, which will obviously be taken into account. Physical and psychological injuries will be considerations for any emergency braking accident on a bus claims.
On top of this bus passenger accident claim payment for the actual injury, you will likely have other payment amounts for losses resulting from your bus injury. These can include the wages you might have lost while you have been recovering from your injury. But that is not all.
If you must take any more time off work for treatment, this expected amount of lost wages can also be put on your award. Add to this the other costs you may have incurred because of the bus accident, such as expenses for medical items such as prescriptions or mobility aids, the cost of travelling to any appointments, parking etc., and your compensation could go up.
Sadly, however, not all bus accident claims cases lead to the victim recovering. In the rare event that a loved one loses their life in this manner, then the relatives of the deceased might be able to put through a personal injury claim on their behalf, particularly if they depended on the victim financially.
Compensation Payouts In Bus Accident Claims
Now, let’s talk about how we calculate compensation for an emergency braking accident on a bus. There are several ways that a bus accident injury can happen and different types and severities of injury. This would lead to a fluctuation in terms of bus compensation payment amounts. With this in mind, this shows common injuries and a potential bracket that the claim amount falls into.
| Type of Injury | Severity | Bracket of Compensation | Features of Injury |
|---|---|---|---|
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | Examples of injuries in this bracket include serious forearm fractures to one or both arms, leading to significant permanent residual disability. |
| Arm | Less Severe | £19,200 to £39,170 | While there have been significant disabilities, a substantial degree of recovery will either have already occurred or will be expected to occur. |
| Elbow | Severely Disabling | £39,170 to £54,830 | This bracket is for an elbow injury that is severely disabling. |
| Pelvis and Hip | Severe (iii) | £39,170 to £52,500 | Many hip and pelvic injuries fall into this bracket including an arthritic femur or hip fracture that leads to a hip replacement surgery being needed. |
| Knee | Moderate (i) | £14,840 to £26,190 | Dislocation, torn cartilage or meniscus causing issues like minor instability, wasting and other mild future disabilities. |
| Shoulder | Serious | £12,770 to £19,200 | Shoulder dislocation and lower brachial plexus damage that can lead to neck and shoulder pain as well as aching in shoulder. |
| Shoulder | Moderate | £7,890 to £12,770 | Limitation of movement caused by frozen shoulder. Discomfort will be caused and symptoms will persist for around two years. |
| Leg | Fracture (ii) | £9,110 to £14,080 | Simple femur fracture with no articular surface damage caused. |
| Whiplash Tariff | 2 (1)(b) | £4,345 | A whiplash and psychological injury lasting less than 24 months but more than 18. |
| Whiplash Tariff | 2 (1)(a) | £4,215 | A whiplash injury lasting less than 24 months but more than 18. |
Should you suffer a different injury, it’s still possible for us to explain which bracket your injury falls into. To get help with this, call us.
Whiplash Reform Programme
If you were injured as a passenger or driver of a vehicle in England or Wales, are over the age of 18, and the injuries you suffered are valued at £5,000 or less, the way you make your road traffic accident has changed. This is due to the introduction of the Whiplash Reform Programme.
Your whiplash injuries will now be valued in accordance with the tariff found in the Whiplash Injury Regulations 2021. These are fixed figures, and some examples have been included in our compensation table above. If you have suffered any additional injuries that are not covered in this tariff, they will be valued traditionally.
Contact our advisory team today for further information.
Can I Make A No Win No Fee Claim?
Claiming without funds upfront? Can it be done? We are often surprised by the number of people that think there are some sort of catch to no win no fee bus accident claims, just like other personal injury claims. There is no catch. This is an agreement in advance detailing what percentage of your payout goes to your personal injury solicitor. There are no surprises.
Once your case wins, that amount comes out of the compensation award, and you get the rest. Note that there’s a legal cap on what the personal injury lawyer fees can come to. So, you will not be out of pocket because of this. Also, remember that if your case loses, meaning no compensation, you won’t face legal bills.
Many people talk to us about this before deciding whether to initiate a claim. So, please speak to us to find out more about No Win No Fee claims.
How Legal Expert Can Help You
You may have questions about an emergency braking accident on a bus and may not be ready to claim. We pride ourselves on offering free advice to anyone who calls us without pushing you to use our service. Our call handlers will be able to answer queries you may have about making claims. This includes the personal injury claims time limit, liability, and getting hold of a solicitor who can help.
In fact, we can provide you with the solicitor best suited to take your case on. We are careful to make sure that we don’t put pressure on you. But we can connect you with this type of solicitor to fight your claim to a satisfactory conclusion. Keep reading to find out how to claim.
Talk to Our Specialist Team Today
Whether today, tomorrow or next week you decided you need advice or support, we are here to help. 0800 073 8804 puts you through directly to legally trained handlers that will be happy to speak to you about bus accident injury, the repercussions and what we can do to help.
Learn More About What To Do If You Get Injured When A Bus Stopped Suddenly
Some useful resources that you might be interested in reading are below. We prefer to make sure all bases are covered, so if you are looking for additional information, then click below:
- Whiplash details – The NHS page on whiplash tells you all about this condition.
- CFA information – The government’s page on CFA no upfront fee legal cases for personal injury is above.
- Road traffic accidents – Claim guide – If you have an accident on the roads, this guide answers the myriad of questions you might have.
Other Useful Compensation Guides
- Car Accident Claims
- How To Make A Hit And Run Compensation Claim
- How Much Compensation For A Death Caused By A Fatal Car Accident?
- Find out how to claim for theme park accidents in the UK. Learn more about the claims process with our helpful guide.
Thank you for reading our guide about making a compensation claim after an emergency braking accident on a bus. If you have further questions, such as “what to do if you are in an accident on a bus?”, contact us for free legal advice using the above details.
