Bus Accident Claims as Passenger or Driver
If you have been involved in a bus accident, Coleman Legal can assist you in pursuing a claim for any injuries you may have suffered. If an accident was not your fault, you may be entitled to compensation.
Have you been involved in a bus accident?
Bus Accidents in Ireland
Bus accidents can cause significant injuries or fatalities to passengers, other motorists, cyclists, and pedestrians. Bus accidents can happen for various reasons, such as driver negligence, poor vehicle maintenance, and adverse weather conditions.
Statistics show that from 2016-2021, 69 fatal collisions involving buses on Irish roads resulted in 76 deaths. Additionally, there were 244 serious injuries in bus accidents during the same period.
Data Source: Provisional Review of Fatalities, Dec 2022
Types of bus accident claims
- Tripping or falling whilst on a bus
- Injuries caused due to the negligence or poor driving of the bus driver
- Collisions by the bus with other vehicles causing injury to passengers
- Being involved in a collision with a bus
- Exiting a bus and having an accident due to the driver’s positioning of the bus
- Rear-end Collision Claim
- Hit and Run Claim
- Roundabout Accident Claim
- Passenger Injury Claim
- Side Impact Collision Claim
- Minor Impact Road Traffic Accident Claim
- Head-On Collision Claim
- Fatal Road Accident Claim
- Spinal Injury
- Head Injury
- Nerve Injury
- Whiplash Injury
- Back and Neck Injury
- Shoulder Injury
- Soft Tissue Injury
- Delayed Accident Symptoms Claims
What do you do in case of a bus accident?
1. Seek medical attention
First, ensure everyone receives immediate medical attention if necessary. Even if you have only suffered a minor injury, we recommend you present yourself at the nearest A&E or meet with your GP. Even if you feel okay immediately after the incident, a minor injury may become more serious.
2. Collect any information relevant to the accident and any future claim
Such information could include:
- Details of everyone involved in the accident, particularly any drivers, including name, address, contact information, vehicle registration number and insurance information
- Contact details of any emergency service workers who attend the incident
- Photographs of the scene from different angles
- Any CCTV footage of the accident
- Dash cam footage
- The date, time, and weather conditions at the time of the accident
- Receipts of any expenses you have incurred due to the accident
- Copies of Garda reports or any medical reports are very important for any future claim
3. Contact the Gardaí
ter how minor. If it is minor and the Gardaí does not attend the scene, you must visit your local station and request they record the details of the incident and take a statement for you.
4. Contact your insurance provider
If you are driving a vehicle involved in a car accident, you should notify your insurance company.
5. Contact a bus accident claim solicitor
It is advisable that you reach out to a solicitor as soon as possible after the accident if you are considering making a claim. A solicitor can guide you through the claims process and help you to avoid unnecessary delays.
1. Contact our solicitors
Our bus accident claim solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
2. The PIAB Application
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:
3. Submitting information and documents to PIAB
Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.
4. Consent to assess the claim
Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.
5. Claim assessment time
If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.
If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.
How much compensation you receive for a road accident is dictated by two legally binding documents known as:
The “Book of Quantum” and
The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.
The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.
The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:
- Identify the category of injury
- Assess the severity of the injury (through medical reports and records)
- Research the value range
- Consider the effect of multiple injuries
The Personal Injuries Guidelines were adopted by The Judicial Council on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation in respect of general damages. The general principles for this assessment centre on three criteria:
- Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
- Awards must be proportionate to the injuries sustained
- Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude
One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. The new guidelines have, however, provided more detail and more explanation for claimants, which is overall a welcomed change to the process of making a personal injury claim.
The compensation you may be entitled to as a result of the accident may be grouped into three headings.
1. General damages
To compensate for non-financial losses such as injuries and the pain and suffering caused by the accident.
2. Special damages
These damages cover the expenses you accrued due to the accident, for example, loss of earnings, the cost of travel to hospital appointments, and treatment bills.
3. Material damages
This covers damage to your personal property, for example, the damage to your vehicle due to the accident.
What to do to strengthen my claim?
- Take photographs of any visible injuries
- Take photographs of your vehicle/accident scene if possible
- If you didn’t require medical attention at the scene of the accident, make sure you visit the doctor afterward, as injuries may present themselves at a later stage.
- Write down all details of the accident as soon as possible; even small details which may seem minor at the time may assist your future case.
Statute of Limitations
You have two years from the date of the accident within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a nerve damage claim, click here.
We can help victims of bus accidents in Ireland by providing legal representation to ensure they receive the compensation they are entitled to. We understand the physical, emotional, and financial impact a bus accident can have on victims and their families.
Our experienced bus accident solicitors can guide you through making a claim, whether it is the bus driver, bus company, or another party. We will investigate the accident, collect evidence, and negotiate with the insurance company on your behalf. We aim to ensure that you receive fair compensation for your losses, including medical expenses, lost wages, and pain and suffering.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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