Thousands of people throughout Ontario rely on public transportation. Public transit is an inexpensive and convenient form of transportation for many Canadians. However, when you step onto a public transit vehicle, you do not have any control over what happens.
Injuries from accidents involving public transit can result in substantial damages, including medical bills, lost wages, physical pain, and emotional suffering. Your damages could easily reach into the hundreds of thousands of dollars. If you are injured while riding on public transit, what are your rights for recovering compensation for your injuries?
Can I Sue if I Fall on a Bus, Subway,Train, or Street Car in Ontario?
No, you cannot sue the public transit authority if you fall or you are injured by a sudden jerking motion of the vehicle. The Insurance Act in Ontario only allows you to file a lawsuit for injuries sustained in a collision with another vehicle or object. However, it is always best to consult with an Ontario personal injurylawyer after any injury on public transportation. You could have a valid claim under other circumstances that would result in compensation for your injuries.
Special Rules for Suing Governmental Agencies and Entities
Claims against Ontario municipalities are different from claims against private individuals. You must file a notice of claim within ten days from the date of the accident to preserve your right to file a lawsuit. At one time, Canadians could not file lawsuits or claims against governmental agencies or entities.
However, all ten provinces now have legislation that allows citizens to file lawsuits when governmental bodies are negligent in causing personal injury. The key is to consult with an experienced Ontario personal injurylawyer as soon as possible after an injury to protect your legal right to file a claim for compensation.
Filing a Lawsuit for a Public Transit Crash or Collision
If you are riding on a public transit vehicle that is involved in a crash or collision, you may have a claim against one or more people and entities. The person, company, or governmental bodies liable depend on the facts and circumstances of the accident. Parties to a transit accident lawsuit may include:
- The driver of the vehicle;
- The company who owns the vehicle;
- The municipality who owns, maintains, or operates the vehicle;
- The driver of the other vehicle involved; or,
- Another third party such as a vehicle manufacturer if the accident also involves a defective part or vehicle.
It is crucial that you name the correct parties and all parties responsible for the collision in your lawsuit for several reasons. The first and most important reason is that you can only recover compensation from a party who was at-fault for the crash. Therefore, you must have the correct party named in the lawsuit to receive money for your claim.
Second, you want to list all parties who may potentially be liable to increase your chance of recovering full compensation. By naming all parties, you increase the sources of compensation (i.e. insurance coverage, assets, etc.) from which you can recover money for your claim.
In most cases, you must file your personal injury lawsuit for public transit accidents within two years from the date of the accident. However, as discussed above, other deadlines and rules may apply to these types of claims. Therefore, contacting our office as quickly as possible is highly recommended.
Call an Experienced Ontario Public Transit Accident Lawyer
When you are injured in an accident, you need a team of lawyers who have the experience and resources to handle your case. The lawyers at Diamond and Diamond are who you need on your side as you fight for what is rightfully yours under the law. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now. We offer free consultations and case evaluations.