The chances that a bus or train that you have chosen to ride might collide with another vehicle seem pretty low. Still, there could be a greater chance that you might slip and fall, while using some form of public transportation. What actions should you take, if that were to happen?
Speak with a lawyer
In Ontario, statutory accident benefits are only paid to victims involved in a collision. Still, a passenger on a bus or train does have rights, as per Injury Lawyer in Oakville.
Seek medical attention
The driver should offer you the chance to get seen by a doctor. Do not hesitate to accept that offer. You will need proof of the fact that you sought medical attention as soon as possible.
Get a copy of the police report
The transportation company should file such a report. A hired lawyer can learn a great deal about the reported event, if he or she obtains a copy of the police report.
Obtain a copy of the relevant video.
All train and bus lines place a video machine on each of its vehicles. A victim’s lawyer should be granted permission to obtain a copy of the footage from the day of the incident. Smart lawyers do not delay the completion of that particular task.
File the public transit incident claim
Be sure to complete that task before the deadline. In Oakville, an injured passenger has a 2-year window for filing that claim.
What should you do if another person harms you, while you are using a public transit system?
In that case, you will need to file a tort claim. If the act that harmed you was obviously intentional, then you should find it fairly easy to seek money from that other passenger. However, you might find it harder to frame a case against someone that accidentally inflicted an injury on you. If the other passenger did not carry out an intentional act, then you will need to satisfy all the elements of traditional negligence. If the other passenger just stepped on your foot, then you could struggle to prove the final element.
What is that final element? That is a provision in the law that requires proof from the plaintiff that a defendant’s action caused measurable damage. Unless the other passenger was a sumo wrestler, there might be slight chance that you suffered measurable damage from that particular passenger’s foot.
Passengers know that the transit system does not have cops on each system, in order to control the passengers. Hence, a passenger that gets hurt from another passenger’s actions has no basis for filing a claim against the associated transit system. Instead, he or she needs to rely on the availability of a tort.