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Accident while on board a bus
brentfordpete
Posts: 96 Forum Member
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Sorry if this is the kind of thing that has been posted before but just wanted a bit of advice really.
My 77 year old mother was on board a bus going home after shopping. Apparently the driver was driving in a bit of a jerky manner and although she was holding onto a pole, the bus jerked heavily and she fell and broke her wrist.
The jerk was so bad, another guy fell on top of her.
The driver just shouted back ' Is she OK' and someone replied ' no she isnt' but the driver just drove off.
There was no report filled out or anything.
She has broken her wrist and was the carer of my disabled father so I have had to take time off work , and will do for the new few weeks until she is better.
Do you think it is worth making a claim for this? usually I am against compo claims but this has affected us badly and the driver just drove away as if nothing had happened so am sure this would be againast company policy.
My 77 year old mother was on board a bus going home after shopping. Apparently the driver was driving in a bit of a jerky manner and although she was holding onto a pole, the bus jerked heavily and she fell and broke her wrist.
The jerk was so bad, another guy fell on top of her.
The driver just shouted back ' Is she OK' and someone replied ' no she isnt' but the driver just drove off.
There was no report filled out or anything.
She has broken her wrist and was the carer of my disabled father so I have had to take time off work , and will do for the new few weeks until she is better.
Do you think it is worth making a claim for this? usually I am against compo claims but this has affected us badly and the driver just drove away as if nothing had happened so am sure this would be againast company policy.
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Without knowing the full circumstances of the accident, it is impossible to say if compensation could be achieved. Suggest you ask a solicitor or a claims company.
As for a claim, yes why not. All I would reiterate is that without CCTV footage or evidence from another passenger it may be hard to prove. Also the bus company may blame the guy who fell on your mum for not holding on properly etc. I assume you have no witness details?
Best wishes for a speedy and pain free recovery.
Signs such as that are helpful but do little to get out of PI claims as they are void under UCTA as you cannot contract out of liability for personal injury. They can be relied upon for evidence of contributory fault / negligence though if they have been ignored.
Sounds strange as no other vehicle was involved but as is a public service vehicle, any injury on board caused by the driver is a reportable accident under the Road Traffic Act. Obviously the liability to report is on the driver and bus company, not you, but if its not been reported its more ammunition for you. (Edit. Can't find a source for this just now, but pretty sure it's the case)
The same happened to my mum, on a bus, even after advice from many people she just shrugged it off. Her health was never the same afterwards, always suffering from sore joints in the area that she hurt on the bus. This had a huge impact on her mobility.
Try to get as many details/witnesses as possible. I'd contact the bus company first, but I'd definitely go down the compensation route since it's caused such a disruption to her and your lives.
Some bus drivers are awful, I was on a bus once and the driver closed the middle doors as an old lady was getting off and she fell and ended up seriously hurt. The driver wouldn't have even noticed if it wasn't for everyone screaming at him.
I hope your mother recovers soon!
It reminded me why we have seat belts in cars, especially when traveling at 40mph or more.
The drive should have taken names and address and checked to see if an ambulance is required (just checked this as hubby is a bus driver). When the driver got back to the depot, an accident report should have been completed, check that this was done!
Certainly, the injury was reportable. But without any witnesses, and the possibility of CCTV evidence (take note that the bus company may well have "deleted" the recording by now, and are is no way obliged to give you a copy without a court order anyway) your chances of a claim now are, I would think, slim.
At least get everything logged,recorded etc to the bus co, the police and possibly the HSE.
the bus jerked heavily - Could that have been caused by avoiding another motorist?
no she isnt' but the driver just drove off - Did that cause additional injury?
another guy fell on top of her. - was it the Bus driver or this person who caused the injury.
she was holding onto a pole - Why was she standing if she is frail.
These are the questions the insurance company will ask if they decide to make an issue of it. Its likely they may offer some goodwill payment to her. Beyond that you need to consider whether it will be worth putting your mum through what could be a difficult experience.
Jeez. Why not find out where the driver lives and start a petition to get him kicked out of the neighbourhood for 'assaulting an OAP'?
Thanks for your replies and comments.
OT make matters worse, my mum got a torn disc into the bargain ( slipped disc) and needs physio , and also I have had to take unpaid leave so think I will pursue something as we are out of pocket.
Luckily mum is in fairly good spirits but these things do put your life out of kilter a bit.
Thnaks again , and hope all those who had similar incidients are all Ok now..
If you can find the person to blame. If the bus driver had to brake sharply because of another road user being negligent, you'd have to trace who that was.
If it did, the bus will certainly be fitted with CCTV inside and out, and will have captured the accident - however, the CCTV self over-writes after 7 to 10 days so it is really important that you contact the bus operating company at your earliest opportunity. They will need to know the route number of the bus, the direction of travel, where the incident happened and any other info you can give (description of the driver, registration number of the bus, where your mum boarded, where she got off etc etc - it all helps track down the driver if he/she hasn't reported the incident)
In addition, many bus companies have systems fitted which essentially record telemetry information (G-Forces, harsh braking, jerky driving etc) and that information is recorded against the driver - this helps when investigating the accident etc.
I work for a London bus operator (prefer not to disclose which on a public forum), so if you are unsure which one operates the route number your mum was travelling on, or need contact information for any of the bus operators, please feel free to PM me and I will help any way I can.
Rest assured that good bus operators will do everything they can to ensure that your mum is looked after, and that steps are taken to prevent a similar accident happening again.