Who Do You Sue After Suffering an Injury On Public Transit?

Picture this: you’re on a city bus, making your daily commute home after a long day at work. You had no luck finding a seat, but luckily you were able to grab onto a pole or strap. The bus driver is doing their best to navigate traffic; it’s rush hour, and everybody seems to be in a hurry to get home. With all the sudden starts and stops, it’d be easy to lose your balance, fall, and sustain a severe injury.

What happens next? Do you sue ETS/CTA? What about the bus driver? Was another driver responsible for the accident? What should you do?

Every accident and injury claim is unique; it’d be nearly impossible to lay out every possible legal scenario. However, Albertans need to know that there is hope for attaining justice after being injured on public transit.

James H. Brown and Associates have been helping injured Albertans stand up for their rights since 1993. Today, we have an unrivalled record of success helping accident victims and their families receive complete, fair compensation for their injuries. Read on to learn more about potential claims to be filed after an accident on public transit, what you should do if you’re injured on public transit, and how James H. Brown and Associates can help every step of the way.

Determining Who’s Responsible

Immediately after the accident, it may not be clear who was at fault. In some cases, both the bus driver and the other vehicle may be equally responsible for your injuries.

If the bus driver were wholly or partially at-fault, you would most likely be suing the City. In Calgary, Edmonton, and most of Alberta, the City owns and is responsible for all public transit vehicles. On the other hand, if the other vehicle’s driver was responsible, you will be filing a claim with their insurer. If they don’t have insurance, leave the scene, or are otherwise unknown, you’ll be suing the Motor Vehicle Accident Claims Act (MVAC) Administrator. MVAC exists specifically for this situation, ensuring accident victims will be able to receive compensation for their injuries even if the driver is uninsured or unknown.

In order to file a successful claim, accident victims will need evidence that their injuries were caused by the bus accident. In most cases, evidence will come from one of two places:

Witnesses. Unless you were the only person on the bus, other passengers would be able to confirm the events leading up to the accident that caused your injury.
Cameras. Most public transit vehicles in Alberta are equipped with internal and external cameras. Your personal injury lawyer can get footage from your accident by submitting a “FOIP” request to the City.

What to Do if You’re Injured on Public Transit

After you or a loved one have been injured in a bus accident, it can be tough to know what to do next. Ultimately, however, accident victims and their families only need to worry about their well-being and securing a fair settlement that provides for both current and future needs.

With that in mind, here are three simple steps that everyone should follow after an accident:

Seek Medical Attention. Your health always comes first. Even if your injuries feel “minor,” you should still seek medical care as soon as you can. A doctor will be able to diagnose and treat injuries that may not be obvious, as well as provide documentation that will be used in any potential accident claim.
Keep Track of Damages. Keeping track of changes you experience because of your accident is an important step in receiving fair compensation. “Damages” can be lost days of work, medical expenses, and other effects caused by your accident.
Get Legal Advice (BEFORE Talking to the Other Driver’s Insurance). As noted above, accidents involving public transit can be highly complicated. An experienced injury lawyer can help you to determine the best course of action to get fair compensation for your injuries.

Public Transit Injury Law with James H. Brown and Associates

For nearly three decades, James H. Brown and Associates has been dedicated to standing up for accident victims across Alberta. Our experienced team knows firsthand what it’s like to be seriously injured, and are proud of our proven record of attaining justice for our clients.

No two accidents are alike; that’s why we proudly offer a full range of services and support for our clients, including:

A proven team of injury lawyers with an unrivalled record of success.
Complete accident investigation services, including accident reconstruction, evidence preservation, analysis, and more.
Access to medical and vocational professionals to fully diagnose your injuries, understand long-term consequences, and provide supporting documentation for your case.
Strong relationships with community organizations dedicated to rehabilitation and recovery.
And much more!