Compensation for injuries on public transport: your rights and roadmap

Liane FoeLawyer

An accident on public transportation can have unexpected and unpleasant consequences. Whether you are injured on the bus, streetcar, subway or train, it is important to know what your rights are and how to claim compensation. In this article, we explain how to go about this and what to look out for.

Carrier liability

As a passenger on public transportation, you have a right to safe transportation. The carrier has a duty of care to get you from A to B safely. In the event of an accident in which you are injured, in most cases the carrier is liable for the damage suffered. This is laid down in article 8:105 of the Civil Code

Exceptions to liability

There are situations when the carrier is not liable, such as force majeure. Consider extreme weather conditions or unforeseen events beyond the carrier’s control. In such cases, it may be more difficult to claim compensation.

What damages are compensated?

Injuries sustained on public transportation can entitle you to various forms of compensation:

• Property damage: Costs for medical treatment, loss of income due to disability, travel expenses and any home modifications.
• Intangible damages (damages): Compensation for pain, sorrow and diminished enjoyment of life as a result of the accident.

Roadmap for claiming damages

1. Seek medical attention: Get a medical examination immediately after the accident. This is important for your health and serves as proof of your injury.
2. Gather evidence: Record details of the accident, such as time, location and means of transportation involved. Get contact information from witnesses and take photos of the situation.
3. Hold the carrier liable: Hold the carrier liable in writing for the damages suffered. You can do this yourself or through a personal injury lawyer.
4. Claim: File a claim with the carrier’s insurer. Provide a statement of all expenses incurred and expected future expenses.
5. Get legal help: Consider hiring a personal injury lawyer. He or she can guide you through the claim process and negotiate fair compensation.

Why seek legal help?

Claiming compensation can be complex. A personal injury lawyer has the expertise to guide you through the process, ensuring proper settlement and maximizing your chances of receiving fair compensation. In addition, the costs of a personal injury lawyer are often recovered from the liable party, so legal help can be free of charge to you.

Conclusion

Getting injured on public transportation is unpleasant and can have major consequences. It is important to know that you are entitled to compensation and that in many cases the carrier is liable. By following the right steps and seeking legal help if necessary, you can ensure fair compensation for the damages suffered.