Public Transit Accidents
Hurt in Public Transportation in Canada? What You Should Know
Public transit is generally a safe place to be, yet injuries do happen more often than most know. On a ride-share service, train, bus, or even streetcar, there are limitless ways accidents and injury can occur — and a few that long-term. In case you suffered an injury from public transportation, you may presume no one was at fault. But in most instances, if your accident occurred because someone was negligent — be it the transit driver, third party, or because the transit was not properly maintained — you may qualify for compensation.
Common Public Transit Injuries in Canada
Public transit injuries will vary depending on the case, but some of the most common injuries are:
- Soft tissue or whiplash injuries caused by sudden stops or collisions
- Head injuries from fallen bags or sudden movements
- Sprains and fractures caused by slipping on wet or uneven surfaces
- Injuries caused by faulty doors that close too quickly
- Physical abuse or assault by other passengers
- Arm or leg injuries caused by getting caught between a platform and an oncoming train
Even without a major crash, sudden movement or hazardous conditions can lead to serious harm.
Types of Public Transport Accidents You Can Claim For
You may be entitled to claim if you’ve been injured on or near:
- Buses and coaches
- Trains and light rail
- Subways and streetcars (e.g., TTC in Toronto, STM in Montreal)
- Ferries or boats
- Rideshare cars like Uber and Lyft
In Canada, these services are legally required to ensure safety for passengers. If that duty of care is breached, you may have a claim.
Reasons for Transit Accidents
- Sudden braking or acceleration causing passenger falls
- Crashes with other cars
- Driver distraction, fatigue, or inattention
- Maintenance or mechanical failure
- Hazardous weather or road conditions
- Lack of adequate lighting, signs, or flooring at stops or stations
Such accidents can take place onboard or even when boarding or disembarking a vehicle.
Duty of Care in Canada Under the Law
Public transit companies have a duty of care under Canadian law to keep their passengers safe. That is, they must take adequate measures to prevent your harm. When they don’t, they are liable in tort.
Under different situations, liability could fall on:
- The transit authority, for carelessness in maintenance or operation
- A third-party driver, if the injury resulted from a collision with another vehicle
- Both, if both of them are equally responsible for the accident
Can I Claim for a Bus or Train Injury?
Yes — if the injury was not your fault and it resulted in financial or medical hardship, you can make a personal injury claim.
Examples include:
- Stripping on a bus as it jolted before you sat down
- Struck by a shutting door
- Tripping on an icy or wet floor that was not warned or cleaned
- Getting injured due to poor lighting or faulty handrails
- Tripping between train and platform due to poor warning or signage
Even if your injuries seem minor at first, they can develop over time. Consulting with an attorney early will help to protect your rights.
Time Limits to File a Claim in Canada
Each province has its own law regarding deadlines, known as limitation periods. In most cases:
- Notify the transit agency between 10 to 30 days after the incident.
- Normally, you have 2 years in which you can sue (this might depend on the province).
Missing deadlines will lead to loss of entitlement to compensation, so act quickly.
What Can I Claim?
When your claim is successful, you can claim compensation for:
- Past and future medical costs
- Lost or reduced income
- Pain and suffering
- Rehabilitation and therapy
- Out-of-pocket costs (medication, transportation, etc.)
No-Fault Benefits in Ontario
In provinces like Ontario, you may be eligible for Statutory Accident Benefits using your own car insurance, regardless of whether anyone is at fault. These benefits will cover:
- The cost of medical and rehabilitation treatments
- Income replacement
- Dependent attendant care, if required
Without your own policy, insurance from the transit company may cover these benefits.
Why You Should Call a Lawyer
Public transportation injury claims can be complicated. They usually involve city entities, insurance companies, and official legal proceedings.
An individual injury lawyer can help you:
- Understand your rights
- Identify fault
- File the right notices and paperwork in a timely manner
- Obtain medical evidence and witness statements
- Negotiate with insurance companies
- Take the case to trial if needed
If you or your loved one has been injured on Canada’s public transportation system, don’t think that you’re on your own. With the right guidance, you might be able to recover damages to assist you in getting better, get back pay, and get back on track.