Public Transport Accidents

Public transportation, including buses, trains, subways, and streetcars, is a common sight in nearly every city, providing accessible options for commuting. In many provinces, the number of commuters using public transportation has grown in recent years, with an 83.2% increase recorded from 2021 to 2023. Unfortunately, while convenient, these modes of transportation can also be increasingly dangerous.

Concerns Regarding Public Transportation

Due to their extended size to carry multiple passengers at a time, any type of accident with a public transportation vehicle can cause numerous injuries to the people inside. The large proportions of these vehicles also increase the risk of involving many other individuals or vehicles in a collision. Proper driving techniques are crucial to avoid potential incidents and ensure the safety of all road users, although sometimes, these are not always followed.

Legal Implications

The increasing number of individuals affected by public transportation accidents may lead to the possibility of class action lawsuits. In addition, determining who’s at fault for public transit accidents can be challenging. That’s because many people contribute to the operation of these services.

Accidents Involving Personal Vehicles

Collisions between buses and personal vehicles can cause substantial property damage and severe injuries, even at lower speeds, due to the larger size and greater power of buses compared to personal vehicles.

Pedestrian Accidents

Bus drivers and train operators need to be vigilant of the pedestrians at all times, ensuring they operate their vehicles safely to avoid harming people crossing the street or using train platforms.

If a pedestrian is struck by any kind of vehicle, including a mode of public transportation, they have access to statutory accident benefits provided by their auto insurance policy, regardless of who is at fault for the accident. They are entitled to accident benefits in the form of medical and rehabilitation benefits and partially lost income if they are unable to work. An injured pedestrian could also file a tort claim against the driver who hit them to recover damages not covered by their accident benefits coverage.

Passenger Accidents

Passengers injured in bus or train accidents may be entitled to claim damages, particularly if they can demonstrate that the operator’s negligence contributed to the accident.

Slips and Falls

Bus and train stations are also potential sites for slips and falls, which can be caused by poor maintenance or adverse weather conditions. Given the variety of risks associated with public transportation, it’s crucial for individuals to be proactive and informed about their legal rights.

There may be specifics surrounding the amount of time you have to file a case because it is on public property or because of different protections for those responsible. Consulting with an experienced personal injury lawyer can help navigate these complexities, ensuring fair compensation without bureaucratic delays.

Statistics on Public Transportation Accidents

In 2019, there were 35.7 million registered vehicles in Canada, with the largest segment being made up in part by passenger vehicles. Despite the higher prevalence of motor vehicle accidents, public transit accidents, although less frequent, still occur with notable consequences.

For example, Ontario’s 2019 Road Safety Report highlighted several incidents as the result of public transportation, including accidents involving buses and trains:

• Buses were involved in 2,515 property damage claims, resulted in 649 injuries, and contributed to five fatalities.
• Trains were involved in 32 property damage incidents, 32 injuries, and four fatalities.

While public transportation vehicles are involved in fewer accidents compared to personal vehicles, the potential impact and severity of these incidents can be substantial, affecting numerous victims in some cases.

Possible Injuries Resulting from a Public Transportation Accident

If you or a loved one are victims of a public transportation accident, your injuries may differ even if you were both inside the bus or train. Where you were sitting in relation to the impact of the crash may have intense effects on the body.¹

At Bergeron Clifford, we have worked with victims suffering from various common injuries associated with motor vehicle accidents.² These include, but are not limited to:

• Whiplash
• Brain injuries
• Spinal cord injuries
• Psychological issues

Healing from These Types of Accidents

Recovery takes time. More often than not, injuries will require a team of medical specialists to design a plan to address what has happened adequately and start you on your healing journey. 

Your care may or may not be fully covered by your insurance policy, adding to the already apparent stress of your situation. As your personal injury lawyers, our team at Bergeron Clifford can help ensure you receive the support you need during this challenging time.

Determining Public Transit Accident Liability

Litigating a public transit accident can be more complicated due to the numerous parties involved. 

• There may be multiple victims and more than one responsible party. 
• The accident may result in a class action lawsuit, where one or a few plaintiffs represent a larger group of people and sue a defendant or group of defendants based on what collectively happened to them. 

These legal cases can get complicated, so it’s important to speak with an experienced attorney as soon as possible after your accident. 

Depending on the circumstances, the following parties may be held liable.

Municipalities

The city transit authority or department that oversees the operation of public buses and trains might be liable for an accident if they didn’t take appropriate measures to ensure public safety. This can include enforcing safety protocols, performing routine vehicle maintenance, and providing safety devices for passengers using trains and buses.

Transit Companies

If another company employs operators or owns the vehicles used for public transportation, that company might be liable for an accident. Victims need to prove that the company acted negligently. For example, it could be argued that safety rules were not enforced knowingly, operating poorly maintained vehicles or not taking disciplinary action against unsafe operators.

Individual Operators

In some lawsuits, the person driving or operating the bus or train involved may be named a defendant. This is more common when most of the fault rests with the operator’s behaviour rather than mechanical problems or maintenance issues.

Licensing and Driving Requirements

Drivers of public transportation vehicles are expected to uphold high standards of safety and increased vigilance while on the job. In order to obtain a bus driver’s license, individuals must apply for the correct license class, such as B, C, E, or F and pass a written exam and road test. As of September 1st, 2023, license holders must also renew their air brake endorsement in accordance with every five years for general license renewal.

Understanding Your Rights After a Public Transportation Accident

At Bergeron Clifford, we have dealt with cases pertaining to public transportation accidents. Whether you are part of a class action lawsuit or going it alone, our team can help enhance your case to ensure the best possible results. Unfortunately, many aspects of this type of claim discourage people from pursuing them, whether that be uncertainty around your rights or fear of losing your case. 

With an experienced and confident legal professional by your side, you can have the peace of mind that your claim will be fortified. Our team will work with you to fully understand the impact this accident had on your life and ensure you get the compensation needed to live as close as you did before. To learn more about our process, contact us.