If you are injured as a passenger on a bus, or as another road user or pedestrian who has been hit by a bus, it may be possible to claim injury compensation for bus accidents. In order to support your claim for bus accidents compensation, it has to be demonstrated that the negligent party (who may not necessarily be the bus driver) failed in their duty of care and that you sustained an injury as a result.
Many different parties can be responsible for bus accidents – the bus driver for driving negligently, the bus company for failing to maintain the bus in good working condition, the local authority for failing to maintain the roads in good condition, or another road user who has caused the bus driver to take evasive action to avoid a worse accident scenario. Depending on the circumstance of a bus accident, it may be difficult to determine exactly who is to blame.
To establish liability in a bus accidents claim for compensation, it is in your best interests to seek professional legal advice from a solicitor. The solicitor will not only be able to find out who is at fault for your injuries, but guide you through the process of claiming injury compensation for bus accidents to ensure you receive the maximum possible settlement of your claim.
Posted: November 12th, 2019
A woman, who was injured when she was hit by the wing mirror of a minibus as she crossed a road, has been awarded €192,000 car accident compensation at the High Court.
A medical representative living in Killester, Ms O’Kelly had taken the injury compensation action against Bus Éireann as a result of the accident when she was hit to the ground at Lough Atalia Road in the Galway harbour area on December 16, 2015.
Ms O’Kelly told the court she was walking across the road after 6pm when she saw the minibus just before she was struck on the right shoulder by the wing mirror of the bus. As a result of the injuries, Ms O’Kelly had to have surgery and wear a neck brace for three months and is left with a visible scar on her neck.
Bus Éireann admitted liability for the accident during the hearing of the case and argued that Ms O’Kelly was also allegedly negligent for the injuries she sustained.
The judge ruled that Bus Éireann driver involved was “entirely negligent” in that he maintain an acceptable lookout and did not stay close enough to the left hand side in his own lane and he simply did not spot Ms O’Kelly. Justice O’Hanlon said Ms O’Kelly was lawfully present on the road as she had taken all required precautions as she crossed the road. As such he found that no liability was attached to her for the accident.
The judge said that “a stark transformation” had taken place in Aideen O’Kelly’s working and social life since the accident and the 54-year-old woman’s lifestyle is now “vastly different”. He said: “Despite her stoicism, her daily living is not of the same quality as it was. She has to put up with imbalance, difficulty reaching items in her kitchen and difficulty in the normal day-to-day tasks.”
Ms O’Kelly, she said, was an experienced sailor who participated at a highly competitive level three to four days a week during the sailing season. She said that she can no longer do this.
As Justice O’Hanlon awarded Ms Kelly a total of €192,573, he said that while Ms O’Kelly had managed to go back to work, she reported a lack of dexterity and feeling in her hands which causes issues wearing jewellery or opening jars.
Posted: May 8th, 2014
The High Court has approved a settlement of compensation for injuries sustained in a bus accident in favour of a young Spanish student, who was hit by the bus as he was fleeing from other youths.
On February 4th 2009, Carlos Tesch was walking with fellow Spanish students along Herbert Road in Bray, County Wicklow, when the group was approached by a number of youths, who had previously been verbally abusive to them.
Carlos ran into the street in order to avoid the older boys, but as he did so he was hit by a bus coming up the road from behind him. Carlos suffered serious head injuries in the accident, including the fractured base of his skull, for which he has subsequently twice been to China for stem cell treatment.
As a result of his injuries sustained in the bus accident, Carlos is unable to speak and can only walk a few steps without assistance. His father – Hams Tesch – has given up his managerial position to care for Carlos, who is able to attend classes in his home town of Bray, County Wicklow, during term time.
Through his father, Carlos claimed compensation for his injuries sustained in the bus accident against the operators of the Bray bus service – Dublin Bus. Dublin Bus contested their liability for the boy´s injury, claiming that it was unreasonable for the bus driver to have predicted that Carlos would run out into the road in front of the bus.
The case went to the High Court last year, where Dublin Bus were found 70% liable for Carlos´ injuries because the bus driver had been distracted by a passenger just before Carlos ran out into the road. Dublin Bus appealed the verdict, but the decision was upheld by the Supreme Court, and the case was returned to the High Court for the assessment of damages.
At the High Court, Ms Justice Mary Irvine was told that a €9 million settlement of compensation for injuries sustained in a bus accident had been negotiated and, after hearing the circumstances of Carlos´ accident and the care and devotion his father has shown for him in the five years since, Judge Irvine approved the settlement – adding she was aware of the sacrifices that parents will make when their children are badly injured.
Posted: April 16th, 2013
A man who injured his eye when a tree branch shattered a window on the Dublin Buss in which he was travelling, has been awarded €8,000 in compensation for a personal injury claim for a bus accident.
35-year-old Rafal Kowalski of Castleknock, Dublin sustained his injury in July 2011 when a window was shattered on the top deck of the Nº 37 bus showering him in glass and debris. He did not seek medical attention immediately, but upon later examination it was found that he had dry eye syndrome which Dublin Bus did not contest.
Judge Matthew Deery at the Circuit Court awarded Mr Kowalski Rafal €8,000 compensation in settlement of his personal injury claim for a bus accident.
Posted: July 14th, 2011
A 14-year-old girl has been awarded €20,000 in wing mirror injury compensation at the Circuit Civil Court after she was struck in the head by a wing mirror at a pedestrian crossing on Old Finglas Road in March 2007.
Megan Ledden of Glasnevin, Dublin was knocked unconscious as she fell back and hit her head on the ground. As a result of the accident she was left with permanent faint scarring under the hairline on her forehead, although fortunately it is not visible. The claim for wing mirror injury compensation was taken against the owner of a mini-bus and Mr Justice Matthew Deery approved the settlement and also awarded legal costs
Posted: May 14th, 2011
A woman who was seeking €410,000 in damages for loss of earnings arising from a whiplash injury has had her compensation claim dismissed due to misleading evidence.
Mr Justice John Quirke heard that Mary Farrell of Finglas South, County Dublin was involved in a car accident with a bus belonging to Dublin Bus on June 14th 2004 at the junction of North Circular Road and Dorset Street.
Despite Ms Farrell’s claims that she had sustained a serious whiplash injury Dublin Bus provided the court with videos of Ms. Farrell mowing the grass and emptying the grass box over a wall, repeatedly raising her arm in the process.
Evidence of a comfortable lifestyle, including expensive cars and foreign holidays was also provided which was inconsistent with Ms Farrell’s claims that she had suffered a substantial loss of earnings.
Under the provision of the Civil Liability and Courts Act 2004 that allows for the dismissal of claims where a judge considers a claimant gave material misleading evidence to increase their compensation claim or in support of a false claim, the compensation claim was dismissed due to misleading evidence by Mr Justice Quirke.
Posted: April 10th, 2011
A Dublin man has been awarded €25,000 in the Circuit Civil Court after he sustained a needle injury on Dublin Bus from a syringe left on a seat. The accident occurred in February 2005 on the 78A at the Liffey Valley Shopping Centre terminus.
The victim, Garreth Quinn of Clondalkin alerted the driver who called an ambulance. Tests on the syringe found no contamination but it was still 3 years before it could be guaranteed that Quinn was not infected with hepatitis B or hepatitis C.
Awarding Mr.Quinn €25,000 in compensation for the needle injury on Dublin Bus, Judge Joseph Mathews found that visual inspections by Dublin Dub staff were not sufficient and that crevices in seats on buses should be probed for needles and syringes.
Posted: January 20th, 2011
The family of a nurse killed in a road traffic accident involving Dublin Bus, have been awarded €575,000 in compensation.
52 year-old Maria Verdida was hit by a bus at a pedestrian crossing, the bus driver Frank Turner of Crumlin, Dublin, was driving at a safe speed but was temporarily blinded by the sun and failed to react in time to the light at a pedestrian crossing changing to amber. At the time of the incident, the bus was not carrying any passengers and the driver admitted full responsibility for the accident. He was banned from driving for four years, received a six-month suspended prison sentence and a €500 fine.
The husband of the deceased Resituto Verdida made the claim for compensation following a road traffic accident involving Dublin Bus and the court heard that the widowed husband has since moved back to the Philippines.
Posted: July 17th, 2010
The family of a fatal bus accident victim have been awarded compensation for psychiatric trauma due to the prolonged grief they suffered when 14-year-old Jennifer Hoban died as a result of injuries she sustained when she was hit by a bus.
The schoolgirl was struck while crossing Killinarden Way in Tallaght on November 5th, 1997 and later died from her injuries. Her father Thomas Hoban sought compensation for the emotional trauma her two brothers and sister experienced due to her death when they were children.
Dublin Bus made the compensation settlement without admitting liability for the fatal bus accident.