Many individuals ride the bus in order to save money on gasoline and do their part to protect our fragile environment. However, none of them anticipate getting injured when they are traveling on a public transit venue. Unfortunately, accidents will happen and people will get injured in the process. One of the more common types of injuries result when the bus driver has to brake hard in order to avoid a more serious collision.
Section 268(1.1) of the Insurance Act does not favor the Rider
According to the “no crash, no cash rule” or Section 268(1.1) of the Insurance Act, an injury victim cannot file for accident benefits if they were a passenger on the bus and the vehicle “did not collide with another automobile or any other object in the incident.” Consequently, the only avenue for getting reimbursed for attendant care, lost wages, medical and/or rehab expenses, and any other expenses associated with your injuries is by filing a lawsuit. You might want to get legal representation because even though you are allowed to self- represent, it can be difficult to get the damages that you seek on your own.
If you sustain injuries when the bus driver brakes hard to avoid an accident and the vehicle cannot be identified, you can still be covered against an unidentified and/or uninsured motorist. This is required under the Insurance Act Section 265(9) no matter what type of vehicle it is. No matter how many claims are filed by an injury lawyer in Hamilton, the maximum benefits limit is $200,000 per accident. Thus, it is important to consult with a good lawyer to understand how much you stand to gain.
What are the Bus Operator’s Obligations?
Professional drivers are held to hire standards than other vehicle drivers. According to the decision rendered in Gardiner v. MacDonald (2016), the court ruled that bus drivers have a duty of care to:
• maintaining a safe-stopping distance in order to avoid a collision with another vehicle
• make allowances for potentially hazardous road conditions by driving at speeds that will enable you to maintain control of your vehicle
• practice defensive driving, even if it means giving up the right-of-way to avoid getting into an accident
• respect the Highway Traffic Act and observe all posted speed limits
If you sustained injuries as a passenger on a public transit venue, even though there was no collision, you should consider contacting a personal injury lawyer to ensure that your rights to compensation are protected. It is important to hire the services of a lawyer that has considerable experience dealing with public transport accidents and understands the nuances of such cases.