If you have suffered injury due to an accident involving a public transport vehicle, such as a bus or a train, you may be entitled to lodge a public transport injury claim in NSW against the owner or operator of that vehicle.
Pursuing a personal injury or public liability claim is not an easy choice. Injuries suffered, at no fault of your own, can have devastating consequences on your health and welfare, and your ability to work and maintain your lifestyle. Seeking legal representation can offer you the peace of mind and remediation needed to address the harm suffered, the impacts of which are not always immediately apparent.
A successful compensation claim can help you recover lost earnings and costs incurred as a result of your injury. Depending on your circumstances, you may be entitled to:
Non-economic loss, which provides for damages for pain and suffering.
Past and future medical treatment expenses and out-of-pocket expenses.
Loss of income and its effect on your ability to earn an income.
Past and future loss of superannuation benefits.
Home help services and medical devices, i.e. home cleaning, nursing, medical aids such as wheelchairs and modifications to the home and car.
Costs incurred from continued disabilities.
A contribution towards your legal costs and disbursements.
A public transport injury claim in NSW can cover a wide range of injuries sustained on buses, trains, light rail, ferries and at transport hubs such as railway stations and bus interchanges. Common injuries include:'
Slip, trip and fall injuries
Wet or uneven surfaces on platforms or vehicles
Inadequate lighting causing trips
Obstacles in walkways or aisles
Defective flooring or stairs
Overcrowding injuries
Being pushed or crushed in crowded carriages or platforms
Falls caused by lack of space to hold on safely
Trampling injuries during peak hour
Collision injuries
Head injuries from impacts with poles, seats or windows
Cuts and lacerations
Fractures and broken bones
Spinal injuries
Sudden movement injuries
Whiplash from sudden braking or acceleration
Injuries from being thrown when the vehicle jolts
Falls caused by lack of handrails or grab handles
Different laws apply depending on where and how your public transport accident happened. For example, the Motor Accident Injuries Act 2017 provides provisions for accidents that occur on buses, while the Rail Safety National Law (NSW) addresses injuries that occur at a train station or while boarding or disembarking from a train.
All operators of public transport services have a duty of care to their passengers, ensuring a safe environment that is free from harm. That means Transport for NSW is liable for public transport injuries that occurred on their premises — even in some situations where the injured party may have been at fault.
You may be entitled to claim public transport accident compensation in NSW if you were injured:
On property managed and/or owned by a transport operator
In a vehicle owned and/or managed by a transport operator
As a bystander
If you have been injured on public transport, taking the right steps immediately after the accident can strengthen your claim. Time limits apply, so it is important that you act quickly to prevent your case from being challenged more harshly.
Your health is the priority. See a doctor as soon as possible, even if your injuries seem minor. Some injuries, such as whiplash or internal trauma, may not show symptoms immediately. You will also need to collect medical records to substantiate your claim.
You will need to raise the issue with multiple parties as soon as the event occurs.
Notify the bus driver, train guard or station staff immediately
Ask for an incident report number
Request a copy of the incident report
Call 000 if the injury is serious or requires emergency services
Otherwise, report the incident at your local police station within a reasonable timeframe
Obtain the police event number for your records
If you are physically able, collect as much information as possible to prove your public transport injury claim in NSW:
Vehicle details
Registration or fleet number
Route number or line
Time and location of the accident
Driver or operator name (if available)
Photographic evidence
The hazard that caused your injury
Your visible injuries
The location and the surrounding are
Any warning signs (or lack thereof)
Witness information
Names and contact details of anyone who saw the accident
Ask witnesses if they would be willing to provide a statement
Maintain a file containing:
Medical reports, treatment records and invoices
Receipts for out-of-pocket expenses (medications, transport to appointments)
Lost wage documentation from your employer
A diary noting how injuries affect your daily activities
Photos showing the progression of injuries or recovery
After an accident, avoid:
Apologising or accepting blame at the scene
Signing any documents from the transport operator without legal advice
Posting about the accident on social media (insurers may monitor your accounts)
Accepting early settlement offers before understanding your full entitlements
Public transport injury cases involve complex legislation, claim challenges and strict time limits. Brydens Lawyer’s specialised personal injury lawyers can:
Determine which laws apply to your specific accident
Handle all communication with insurers and transport operators
Gather expert evidence to support your claim
Ensure you claim for all losses, including future medical costs
Negotiate the maximum compensation on your behalf
When it comes to addressing the impacts of an injury, do not leave things to chance. Strict time limits apply, making it urgent to defend your rights and pursue compensation.
To ensure you can claim the rightful remediation you deserve, contact Brydens Lawyers online or at 1800 848 848 as soon as possible. Our specialised public transport accident lawyers in NSW boast the expertise and experience needed to ensure you receive the maximum compensation you are entitled to.
If you are unsure whether you have a case or where to start, Brydens Lawyers offers Free* legal advice and works to a No-Win, No-Fee* policy on all personal injury cases to ensure nothing stops you from pursuing what is owed to you. (*Conditions apply).
At Brydens Lawyers – #WE DO public transport claims.
We're here to assist you in claiming the compensation you deserve on a No Win, No Fee* basis. Enquire now to start your claim today. *Conditions apply.