Personal Injury Compensation - Hinchliffes


ACTION OF BUS DRIVER RESULTS IN COMPENSATION PAYOUT

March 27th, 2008 Hinchliffes

A recent Court decision has found in favour of a passenger who was injured when trying to get on a bus.

The passenger fell from the Arriva owned bus after the driver had closed the doors on him and driven away, and as a result he sustained a severe head injury.  The Court has declared that he is entitled to personal injury compensation.

The passenger was boarding the bus when nearby traffic lights changed to green and the bus driver closed the doors around him and set off.  The bus travelled about 25 yards before the passenger lost his balance and fell into the road.

The evidence before the Court showed that the driver had opened the doors to admit the passenger and had then closed them upon him while he was still on the entry platform.

The decision reached was that bus company Arriva’s driver was negligent in his actions.  He knew the passenger was between the doors when he closed them, but he still moved off and started to accelerate.  His actions endangered the passenger and caused the road accident.

COMMENT:-

In considering the circumstances of the accident the Court paid particular attention to Rule 33 of the Drivers’ Rule Book.  This states that drivers should be “vigilant at bus stops and authorised stopping places to ensure that passengers board and alight safely” and also that “in no circumstances should a bus with passenger doors be moved into service with any door open”.

However, despite the passenger’s success in this case, they must also ensure that their actions are sensible, for example by not trying to get on or off a bus when it is moving, for otherwise they may find that any claims for injury compensation are defeated (either partially or entirely) as a result of their own negligence.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have been involved in any type of road accident and have suffered injury, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.

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