Who Is Liable When You Are Injured On Public Transportation?

In Ontario today, public transportation is the go-to resource for thousands of people as a convenient and affordable method of getting where they need to go. Most of us don’t even consider the implications of being injured when we step onto a train or bus. But there are the same risks for injury as traveling in personal vehicles and even more risks.

When you are injured as the result of an accident on public transit, who is the liable party? And do you have any rights to financial compensation if you have been injured?

A Safe Form of Transportation Yet Accidents Occur

Public transportation has historically been among the safest forms of transportation in our province. When you consider the sheer numbers of people who use public means of transportation each day, it is amazing that we don’t hear of more accidents. But accidents and injuries do occur.

Multiple Factors Can Play Into Public Transit Accidents

When you consider the factors that can enter into a public transit accident, it becomes clear that there are often far more variables than with a personal vehicle accident. You are dealing with a transportation company that may or may not own the vehicle, a driver, the possibility of mechanical maintenance issues, a railway system, or any number of other factors. Now, we also have ride-sharing services sure as Uber.

A passenger may fall while riding on public transit and have the right to bring forth a claim. A public transit accident claim may not even involve a passenger but can be brought about by a pedestrian or another driver involved in the accident. So how is liability determined with so many factors at play?

No Crash, No Cash

Ontario passed the Better Tomorrow For Ontario Act in 2011 which quickly earned the moniker “no crash, no cash”. The bill was originally intended to improve public transit but it has also resulted in making it more difficult for injury victims to file suit against public transit companies. However, this law sets out that only victims of a collision involving public transportation have the right to sue.

Was Negligence Involved?

Despite that, victims of public transportation accidents still can make claim against individuals who are found at fault. This can include the driver or staff or even other parties not even associated with the transit company.

A Complicated Process

As you may imagine, determining negligence can be a complicated process. It can even include more than one individual. In order to prove negligence, it must be proven that the party must have owed a duty of care to the victim and that that duty of care was breached, leading to the accident and injury.

Call an Injury Lawyer

Because determining liability in a public transit accident can be so complicated, you owe it to yourself to have the counsel of a Cornwall personal injury lawyer in order to ensure that your rights are being protected. AM Injury Law has had experience with public transit claims and can protect your rights to fair compensation for your injuries. Call us today for a no-obligation consultation if you have been injured due to a public transportation accident.