Can I sue if I’m on a city bus that gets into an accident?

This article was originally published by The Hamilton Spectator.

Q: I was a passenger on a Hamilton city bus that was hit by car. If I am injured, can I receive compensation?

A: If you are a passenger on a bus, you are entitled to the same compensation as if injured in a car. You can apply for Statutory Accident Benefits and sue the at-fault driver (bus driver and/or other driver) for compensation.

You can claim accident benefits from your own auto insurance company (or the insurer for a family member who lives with you), even though you weren’t using your car at the time of the accident. If you don’t have auto insurance, you can claim accident benefits from the City of Hamilton’s automobile insurance on its buses. You may be entitled to claim income replacement benefits, non-earner benefits, medical and rehabilitative benefits and other accident benefits outlined in your insurance company. You can also sue the at-fault driver for damages. This might be the bus driver or the driver of the other vehicle, or both. The lawsuit can include a claim for damages for pain and suffering, past and future loss of income, loss of household and handy person capacity and future cost of care. Your close family members can also bring claims through the Family Law Act for a loss of care, guidance and companionship.

If you have been injured while a passenger on a bus, you should call an experienced personal injury lawyer as soon as possible to obtain legal advice to protect your rights.

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