Pedestrian injured in a bus accident? Here’s how to claim compensation.

Pedestrians and buses – not a fair match. 

Generally, if you are struck by a bus and you’re not the sole at-fault party, it’s likely that you could be entitled to make a claim for compensation for any personal injuries and losses suffered. However, as with all personal injury claims, it’s important you fully understand your rights and the claims process to make sure you don’t unfairly strike out.

Who’s at-fault in a bus and pedestrian collision

It can be expected that with busy built-up city spaces where heavy vehicle and pedestrian traffic share the same streets, there’s going to be a greater risk of collisions. It’s not uncommon to see news reports of serious incidents involving bicycles, pedestrians, taxis, cars, delivery trucks and buses – sometimes resulting in severe injuries or even death

But there’s also a variation of events and actions that can determine the at-fault party. For example, the pedestrian who stepped blindly into traffic when the “Don’t walk” sign was displayed, or the bus driver who turned a corner too close to the footpath or brashly ran the red light to keep to their schedule. 

Collecting as much information as possible at the time of the event is critical for any potential claim. To help, we’ve put together this quick guide to explain what to do if you’ve been injured, and whether you may be entitled to make a compensation claim.

What to do if you’re hit by a bus in Queensland

Victims of a public transport accident could suffer a range of injuries, such as minor scrapes, breaks, burns, psychological injuries, and in more severe cases, paraplegia, quadriplegia or even death. In addition to the physical and emotional pain, you could find yourself with a hefty medical recovery bill and reduced or no income depending on the nature and duration of your injuries.

So, is it possible to claim compensation, and how?

If you’ve been injured in a bus accident as a result of someone else’s negligence, you could be entitled to make a claim for compensation from the at-fault driver under Queensland’s Compulsory Third Party Scheme (CTP). 

How much you can claim and the process you need to follow to make your claim will depend on how the accident occurred and the seriousness of your injuries, so it’s important you talk to a compensation lawyer to understand your options and steps forward.

Steps to follow immediately after the incident

  1. Collect important details

To ensure you can make a strong claim for compensation, where possible, you’ll want to collect as much important information that you can. Much like as if you were in a car accident, you’ll want to note details like the bus’s registration number, its route number, the name and contact details of involved driver/s, the time of day, where you were and what you were doing, and the location. If there are other vehicles or witnesses involved, try to grab their details, too. 

If your injuries are severe and you’re incapacitated, some of these details will be recorded by emergency services.

  1. Seek medical treatment for your injuries

It’s most important that you take care of your health and prioritise your recovery. If hospitalisation isn’t required, make sure you see a doctor and request medical records for your injuries to include with your potential compensation claim.

  1. Report the incident to relevant authorities ASAP

In this instance, the relevant authorities might be TransLink for south-east Queensland, or the local council or private bus operator, as well as the police. Police are required to attend serious accidents, but when reporting incidents after-the-fact, you can do so online or via Policelink

Consider talking to a specialised injury lawyer

There are strict time limits associated with making a personal injury claim in Queensland, so it’s important you seek legal advice as soon as you’re able to do so. 

There are numerous factors we can consider when assessing your eligibility to make a personal injury compensation claim and its value; in fact, we’d probably say our list of considerations is exhaustive, and probably much more comprehensive than the at-fault party’s CTP insurance provider. Not only do we look at direct costs that have resulted from your injuries (hospitalisation, medications, treatment), we also calculate things like current and future lost earnings, current and future care needs, and domestic support. 

Get in touch with our compensation experts             

If you’d like to arrange a confidential chat about your situation, you can book an obligation free case review with one of our personal injury lawyers – in person or online. Get in touch for more information here.