Who Gets Held Liable In A Public Transit Accident?

Blog Author Slip And Fall

If the public transit system carries residents of Ontario, the municipality operating that same system can be held liable at the time of an accident. That statement from a Personal Injury Lawyer in Oakville assumes that the same accident was caused by some act of negligence.

The possible roles for those that might perform a careless act, and cause a transit accident for someone that is operating the bus or train. Additionally, it includes those that play a part in maintaining any of the vehicles that are used to carry members of the public.

Anyone that takes on the role of ensuring residents of Ontario with the ability to rely on a transit vehicle. Someone that makes or sells parts for such a vehicle could be negligent; their negligence could work to trigger the occurrence of an accident.

What victims of a transit accident must prove, in order to seek compensation?

• The existence of a duty of care, one assigned by the rules of society to the responsible party.
• Proof that the same person breached his or her duty of care.
• Proof that the same breach caused the victim to suffer injuries. This is the most crucial proof.
• Evidence that the victim’s injuries could qualify as genuine damage. This keeps members of the public from filing a claim for a decidedly minor injury.

On what point is the law clear?

The law in Ontario is clear with respect to what sort of situation qualifies as a motor vehicle accident. At the time of such an accident, some vehicle must impact on the transit vehicle, or the transit vehicle must hit some other motor vehicle.

If an operator stops in order to keep from hitting a car, and a passenger in the aisle falls down, that does not qualify as a motor vehicle accident. In other words, the victim of a near miss does not have grounds for seeking compensation from the transit authorities.

An issue that appears to have been overlooked.

The men and women that plan to use any type of transportation system normally wait for the arrival of the desired vehicle. If the location in which those prospective passengers are waiting contains an element of danger, any man or woman in the waiting group could get injured. The law regarding transit accidents in Ontario does not appear to take that possibility into consideration.

The absence of any provision, regarding the safety of the waiting passengers would seem to be of note in the wintertime. During that season of the year, the pavement at a transit stop might freeze. Then a waiting pedestrian might slip and fall on that frozen payment. The law does not make clear who would be responsible for any resulting injuries.

234 thoughts to “Who Gets Held Liable In A Public Transit Accident?”

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