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Can I sue if I got hurt while taking public transit?

Many people who take public transportation to get to work or other places know that sometimes the ride is not fun, especially if you’re stuck during rush hour.

What happens though if you’re on a bus and you get hurt for some reason, either because the bus is in an accident, you fall on the bus because the bus came to an abrupt stop, or you cut yourself on an object on the bus?

There are a few things you should do if you are able to do so after having been hurt.

What should I do if I’ve been hurt?

Immediately inform the driver that you have been hurt.

If you have been seriously injured you should ask the driver to call an ambulance as soon as possible. If he or she refuses you should call one yourself. Often police will arrive as well and try to determine what happened in a situation where a passenger sustained serious injuries.

If you’re not seriously injured and you decide not to have an ambulance called for you, then make sure to document this incident immediately. Take pictures on your phone if you can, if possible get the number and name of one or two witnesses, and try to write down an account of what happened as soon as you can after the incident happened. Also get the name of the driver, the bus number and any other pertinent information you can get.

Go to a doctor as soon as possible. You want to make sure that you didn’t sustain serious damage and getting a check-up done by a doctor will help ensure that. It will also help your case later on if you were seen by a doctor very shortly after the incident.

Should I sue?

To answer that question you should consult with a personal injury lawyer. It’s often not easy to determine whether you have enough of a case to sue, especially during early stages when liability for the accident or injury is unclear.

Regardless of whether or not you can sue, you should still see a lawyer even if you do not intend to sue but you have sustained some injuries as you may be able to make an accident benefits claim.

Who do I sue?

When people decide to go ahead and sue for injuries they sustained on public transportation, one question to ask is whether the bus was involved in an accident with another driver or whether a person was hurt due to the bus driver’s actions or an unsafe condition on the bus.

In cases where the person got injured in a bus with no accident having taken place then usually the city is sued.

If the bus was involved in an accident then liability for the accident has to be established, and it has to be determined whether it was the bus driver’s or the other driver(s) fault, or if they are both responsible to some extent.

Your lawyer will be able to determine who carries liability for the accident and who should be sued.

If you have been hurt on a bus you should see a doctor and consult a personal injury lawyer as soon as possible.

Read more:

Things to consider before deciding whether to sue Ontario

What to Do if You Are in a Bus Accident