Have you been injured as a result of a bus driver’s emergency braking? Was this braking an example of the bus driver breaching their duty of care? Would you like to see if you could seek compensation for your suffering?
Whether a bus driver’s emergency braking threw you from your seat or caused you to fall down the stairs, you could be entitled to compensation if you were injured as a result of their negligence. In this guide, we’ll explain how you could make a personal injury claim after an emergency braking bus accident.
By law, bus drivers have a duty of care to their passengers and to other road users. As part of this duty, they must ensure the safety of those in their vehicle and others on the road. If they fail to do this, resulting in you being injured, you could be owed compensation for the suffering you have experienced.
To learn more about how to claim, please continue reading our guide. Alternatively, you could speak to one of our specialist advisors about your case today. They offer free consultations and could tell you whether you have a valid claim by asking a few simple questions.
If you’d like legal help, they could even connect you with a personal injury lawyer from our panel. They work on a No Win No Fee basis and could get to work on your claim right away. You can get in touch using any of the following contact options:
- Call 0161 696 9685
- Email firstname.lastname@example.org
- Complete a contact form
- Use the pop-up chat feature on your screen
Select A Section
- A Guide On Making An Emergency Braking Bus Accident
- Calculate Compensation For An Emergency Braking Bus Accident
- Examples Of Special Damages For An Emergency Braking Bus Accident
- What Is An Emergency Braking Bus Accident?
- What Circumstances Could Cause An Emergency Braking Bus Accident?
- The Dangers Of An Emergency Stop
- Whiplash Caused By An Emergency Braking Bus Accident
- Slips, Trips And Falls Caused By An Emergency Braking Bus Accident
- Could Bus Drivers Claim For Injuries Caused By An Emergency Braking Accident?
- Who Could Be Liable For Your Injuries?
- How Do I Claim For An Emergency Braking Bus Accident?
- Make A No Win No Fee Claim For An Emergency Braking Bus Accident
- Talk To Us About Your Emergency Braking Bus Accident
- Related Guides
- Bus And Public Transport Accident Statistics
- Your Emergency Braking Bus Accident – FAQs
In this guide, we’ll provide some examples of how a bus driver could breach their duty of care. We will also explore some injuries that emergency braking could result in, such as whiplash.
Next, we’ll explain what kind of evidence you’ll need in order to make a personal injury claim. We’ll then discuss how much compensation you could be entitled to for different types of damage, ranging from physical and psychological injuries to financial losses.
In addition, we’ll provide some advice on how to give your claim the best chances of success, including where to find the best legal help. To conclude, we’ll discuss how our panel of personal injury lawyers could be of assistance and how their No Win No Fee services could benefit you when funding legal representation.
In a successful personal injury claim, your settlement may be made up of two sets of damages; general damages and special damages.
General damages account for any physical or psychological suffering that you incurred as a result of your accident. In order to calculate general damages, the severity of your injuries will be assessed by an independent medical professional. The more severe your injuries are, the more compensation you’ll generally be able to claim.
The Judicial College Guidelines (JCG) is a publication that lists a range of injuries of various severities with accompanying guideline compensation brackets. These compensation brackets are based on past settlement amounts of previous cases.
These guidelines will be used alongside the medical report to help value the amount of compensation you could receive. Your compensation award will take into consideration:
- The extent of your suffering
- Any potential future risk of your condition deteriorating
- The length of your recovery period
- How your quality of life has been impacted
In the table below, we’ve included some examples of compensation brackets from the JCG to illustrate how much certain injuries could be worth:
|Type of injury||Guideline Compensation Amount|
|Very Severe Brain Damage||£264,650 to £379,100|
|Less Severe Brain Damage||£14,380 to £40,410|
|Traumatic Chest Injury||£61,710 to £94,470|
|Severe Neck Injury (i)||In the region of
|Moderate Neck injury (i)||£23,460 to £36,120|
|Moderate Back Injury (i)||£26,050 to £36,390|
|Severe Shoulder Injury||£18,020 to £45,070|
|Fracture of the Clavicle||£4,830 to £11,490|
|Simple Forearm Fractures||£6,190 to £18,020|
|Moderate Toe Injuries||Up to £9,010|
The second head of claim that could be included in your settlement is special damages. Special damages can compensate for any financial losses or out of pocket expenses incurred as a result of your injury.
Some examples of costs you could recover as special damages include:
- Medical expenses such as prescription costs
- Private treatment not provided by the NHS
- Domestic help costs such as cleaners and gardeners
- Care costs, including both professional care and gracious care from loved ones
- Loss of earnings, including any future loss of earnings
- Property adaptation costs, such as the installation of a stairlift
- Repairs or replacements of possessions damaged in the accident
- Loss of work bonuses or impact on pension scheme if your work is affected
Please bear in mind that this list is not exhaustive. If you’ve suffered another kind of financial loss not listed above, you could still be entitled to recover it as special damages. If you’d like a free consultation about your case, please speak to one of our advisors today.
It’s important that you can evidence these losses with receipts, bank statements, invoices and the like. Without them, it could be difficult for you to recover them.
When executed by a bus driver, an emergency stop is a last-resort manoeuvre that could be done for a number of reasons. For example, another driver may pull out without right of way, leaving the bus driver with no other option but to brake quickly in order to try and avoid an accident.
However, in some cases, an emergency braking bus accident could be the result of the bus driver’s negligence. For example, the bus driver may have been exceeding the speed limit when approaching a set of traffic lights, meaning they had to perform an emergency stop when the lights changed to red.
If you were injured as a passenger in such an incident, you could have grounds to make a claim if you can prove that they breached their duty of care. The bus driver’s speeding and subsequent emergency stop could be contrary to regulation 5 of the Public Service Vehicles Regulations 1990, which states that drivers should take reasonable precautions to ensure the safety of their passengers.
Sometimes, the need to brake suddenly is unavoidable. In order to avoid an accident, the driver can perform an emergency stop under rule 118 of the Highway Code. However, rule 117 states that braking should ideally be done early and lightly, increasing pressure gradually for a smooth stop.
If you’re wondering how to establish liability for your injuries, you can continue reading this guide or get in touch today for a free assessment of your case.
There are some circumstances where emergency braking could be used as a last-resort manoeuvre to avoid an accident. However, as discussed in the previous section of this guide, an emergency braking bus accident could be the result of the bus driver’s negligence.
Here are some examples of why emergency braking may be demonstrated by a bus driver and how an accident could happen as a result:
- If the bus driver was speeding when approaching a set of traffic lights, they might have to perform an emergency stop when they change to red.
- A pedestrian or another driver may pull out in front of the bus unexpectedly, leaving the bus driver no other option but to emergency brake to avoid them.
- If the bus driver makes a decision to stop and pick up a passenger with little notice, this could mean they perform an emergency brake at the bus stop.
- The bus driver may have failed to properly judge a distance, forcing them to emergency brake to avoid a collision.
- If weather conditions are bad and visibility is poor, this may result in the bus driver having to emergency brake upon seeing a hazard.
If the bus driver performed an emergency brake, causing you as a passenger to be injured, you could be able to make a claim. However, this is only if you can prove that you suffered as a direct result of their negligence.
Due to the sudden force behind an emergency stop, you could be thrown off balance if you’re standing while one is performed. This could result in anything from you losing your footing and suffering a minor trip to suffering a major fall down the bus stairs.
Many buses are full of hard surfaces and fittings, such as walkways and handrails. These can all pose a potential risk of injury upon impact. For example, if you’re standing and the bus driver performs an emergency brake, the force could throw you against one of the windows. Similarly, if the bus is overcrowded, an emergency brake could result in passengers being crushes against one another.
If you’re seated, there are still potential hazards in the case of emergency braking. For example, you could be jolted forwards into the hard back of the seat in front of you.
Depending on the speed that the bus was travelling when the emergency brake was performed, amongst other factors, the consequences for passengers could be extremely dangerous. In some instances, they may even be fatal.
One injury that can be suffered in a road traffic accident is whiplash. This can occur as a result of a sudden movement forcing the head forwards and backwards. Such movements could even cause the muscles to overextend and tear. This could happen as a result of an emergency braking bus accident.
It can take a few hours for whiplash to be evident. Some common symptoms include:
- Neck pain and stiffness
- Limited movement of the head and neck
- Headaches originating at the base of the skull
- Soreness in the shoulders and upper arms
In most cases, whiplash symptoms should ease within 2 or 3 months, but sometimes they can last longer or may even be permanent. If you suspect you’ve suffered whiplash, you should always seek professional medical attention. This way, you can receive advice that’s specific to your circumstances. What’s more, your diagnosis will go on your medical records, which could be used to help evidence your claim.
If the accident that caused your whiplash injuries occurred on or after 31st May 2021, then the way you claim might be affected by the Whiplash Injury Regulations 2021. This affects claims where the injuries are valued at less than £5,000. Get in touch with our team for more information about how this might affect the way you claim.
Another way you could be injured in an emergency braking bus accident is through suffering a slip, trip or fall on board. Due to the sudden force behind an emergency stop, you could be thrown off balance. This could result in anything from you losing your footing and suffering a minor trip to suffering a major fall down the bus stairs.
Most buses are full of hard surfaces and fittings, such as chairs and handrails. When suffering a slip, trip or fall on board, these all pose a potential risk upon impact. For example, as a result of an emergency stop, you could be flung against a window or hit your head on one of the hard seats.
If you’ve suffered a slip, trip or fall in a bus accident and you’d like to claim compensation for your injuries, please speak to one of our advisors today. Alternatively, read on for more information about how to prove liability.
If a bus driver is involved in an emergency braking bus accident through no fault of their own, they could be able to make a claim themselves. To do so, they would have to prove that they suffered injuries as a result of third-party negligence. For instance, it could be the case that another vehicle pulled out of a side road when unsafe to do so, meaning the bus driver needed to perform an emergency stop to avoid a collision.
According to the Highway Code, all road users owe one another a common duty of care to help ensure everyone’s safety as much as they reasonably can. If another road user breaches this duty and a bus driver is injured as a result, they could have grounds to make a personal injury claim for their suffering.
Similarly, a bus driver could have grounds to make a claim against their employer if they failed to ensure the vehicle was fit for use, resulting in an emergency stop needing to be performed. This is because, under the Health and Safety At Work Act 1974, employers have a legal duty of care to help ensure the health and safety of their employees at work. Failure to ensure that a bus was safe to drive could constitute a breach.
There are a number of parties that could be responsible for an emergency braking bus accident. We have included some of them below:
- Other road users – under the Highway Code, all road users owe one another a common duty of care to help ensure one another’s safety as much as they reasonably can.
- The bus driver – in addition to the Highway Code, bus drivers owe their passengers a duty of care under regulation 5 of the Public Service Vehicles Regulations 1990, which states that drivers should take reasonable precautions to ensure their safety.
- Local councils and authorities – as most public roads are maintained by local councils and authorities, they owe all users a duty of care to help ensure that roads are fit for purpose under the Occupiers’ Liability Act 1957.
You may be unsure as to who is liable for the emergency braking bus accident that caused your injuries. If so, speak to a member of our team today to discuss your case in greater detail.
When attempting to determine liability, evidence is key. If safe to do so, you should try and take photographs and videos of the scene for future reference. According to recent reports by the Department for Transport, 92% of buses were fitted with onboard CCTV in 2019. You may be able to request footage of the incident to help prove your claim. You could also collect details of any witnesses to the accident who may be able to provide a statement at a later date.
It’s also important that you seek medical attention for your injuries after an accident. This will ensure that you get the medical attention you need. It will also provide evidence to support the extent of your injuries.
By getting in touch for a free consultation today, our specialist team of advisors can let you know whether you could claim. What’s more, they could connect you to a personal injury lawyer from our panel. To learn more about their services, please read on.
Though there isn’t any legal requirement for you to have a solicitor in order to make a claim, there are many benefits to having one handle your case. Their guidance and expertise could ensure you get the maximum compensation you deserve from your claim.
Unfortunately, the prospect of solicitor’s fees can be off-putting for many claimants, meaning they miss out on getting legal help making their claim. However, as part of a No Win No Fee agreement, you only have to pay your solicitor’s fees if they win your case. In other words, you won’t have to pay out of pocket for their services.
Instead of racking up fees by paying your solicitor by the hour, a No Win No Fee doesn’t solicitor require upfront or ongoing payment. You also won’t be asked to pay anything in the event that your claim is unsuccessful.
In fact, they only charge a small percentage of your final settlement as a ‘success fee‘. What’s more, this fee is legally capped to ensure that it remains low and fair.
Our panel of personal injury lawyers can offer No Win No Fee agreements. Get in touch for more information and to be connected with a lawyer from our panel.
Please don’t hesitate to speak to one of our specialist advisors about your case today. They offer free consultations and could tell you whether you have a claim by asking a few simple questions. There’s generally a time limit of three years on starting a personal injury claim for compensation, so don’t delay in getting your claim started.
If you’d like legal help, they could even connect you to a personal injury lawyer from our panel. If they agree to represent you on a No Win No Fee basis, they could get to work on your claim right away.
You can get in touch using any of the following contact options:
- Call 0161 696 9685
- Email email@example.com
- Complete a contact form
- Use the pop-up chat feature on your screen
Here are some further resources that could be useful, including some of our other personal injury claims guides:
- Fatal accident claims guide
- Whiplash claims guide
- Pedestrian accident claims guide
- Find NHS services near you
- Whiplash reform programme
- Government safety advice for public transport users
In 2019, figures from the Department for Transport reported an 88% overall satisfaction rate for bus journeys. According to recent statistics, bus and coach casualties showed a downward trend in 2019:
- There were a reported 3,085 casualties, which dropped by 19% from the previous year alone.
- 91% of these casualties were passengers, with 36% of this figure aged 60 or over.
- Sadly, there were also a reported 14 fatalities, 12 of which were passengers.
To finish, we’ve briefly answered some frequently asked questions. If you have any more, please don’t hesitate to get in touch and ask.
What happens if a bus driver hits someone?
Firstly, if you witness someone get hit by a bus, you should call emergency services right away. If it’s clear that the bus driver’s negligence caused the accident, they could be held liable for any injuries caused.
How long does it take to receive an offer of compensation?
There is no standard time frame as every case is different. This is heavily dependent on how straightforward your case is and whether liability is accepted or rejected. Some claims are settled within a matter of months, whereas others take years to reach their conclusion.
Who is liable for a bus accident?
Someone is liable for a bus accident if they breached their duty of care as outlined in the Highway Code, causing an accident to occur. This could be the bus driver or another road user.
How do I claim compensation after an emergency braking bus accident?
There’s no legal requirement to have a lawyer when pursuing the claim. However, by having a professional handle your claim, you can give your case the best chance of success. Our panel of personal injury lawyers work on a No Win No Fee basis, so there’s no financial risk to seeking legal representation.
Thanks for reading our guide on how to make a personal injury claim after an emergency braking bus accident.
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