Injured on the TTC? Here’s How to Handle Public Transportation Accidents
For many of us that live in the GTA, taking the TTC is essential to get back and forth in the busy city. Unfortunately, this also puts us at risk for public transportation accidents.
Millions of people in Toronto step onto TTC vehicles every year. From getting to work to buying groceries or meeting friends, every day we rely on public transportation.
However, when you swipe your metrocard, you don’t think about the possibility that you’re putting your life in someone else’s hands.
We can’t predict accidents, especially when we’re not at the wheel. But they happen. Your best defence is to be fully prepared and know what to do if this unfortunate situation happens to you.
If you’ve suffered a public transportation accident, you do have options. It’s time to get answers. Here’s the information you need to sue for negligence.
Can You Sue Public Transportation?
The question of your rights to sue public transportation depend on the circumstances of your case and the extent of your injury.
Every Ontario resident owes a duty of care to their fellow citizens. That means that we’re expected to ensure that we don’t put others in danger.
Bus, streetcar, and subway drivers are also expected to uphold this same standard to riders who enter their vehicles. When they fail to do so, they are negligent.
The Toronto municipal government owns and operates the TTC. Anytime you want to sue a government organization, things can get a little tricky.
You have to go through insurance companies, liability contracts, and policies that are put in place to protect those organizations. These companies often have top officials and representatives behind them to build support against you.
But you don’t need to give up. It’s possibly to sue public transportation. You just need to make sure you’re well prepared and have the best personal injury lawyer on your side.
City Bus Accident Settlements- and Other Options
There are certain circumstances under which you can make a city bus accident settlement. Ontario legislation has set out certain requirements and conditions you have to meet to bring your case to court.
You might have heard of the “no crash, no cash” law.
Under Bill 173, the Better Tomorrow for Ontario Act, victims of a public transportation injury are only entitled to statutory accident benefits if the accident was a collision.
In other words, you can only sue public transportation if the bus, train, or subway actually hit an object or another vehicle.
It’s not impossible to get a settlement if you’ve suffered a serious injury from a TTC road accident. You essentially need to prove that your injuries came from this collision and keep enough evidence to back up your claim.
TTC Personal Injury Claims
In Ontario, the TTC isn’t a stranger to personal injury claims and accident settlements. There have been many reported incidents from Toronto’s transportation system in the past.
Between 2009 and 2014, there were 18,000 crashes involving TTC streetcars and buses.
While the commission reported that these vehicles cover millions of kilometres every year, a portion of these accidents were classified as preventable. Specifically, 30% were preventable accidents.
30% is too high of a number to overlook. Some of these accidents were caused by the drivers’ negligence. When someone is negligent, they need to be held responsible for their actions.
For example, in 2012, a woman died in a bus crash near Don Mills Road. She was riding the bus when it collided into the back of a truck. It was determined that the bus driver had been under the influence of marijuana while driving. Her family sued the TTC for $4 million.
Victims of public transportation accidents can sue for damages such as pain and suffering, medical costs, loss of income from missed work, and caregiver costs. If the victim was killed, the family can sue for funeral costs and other damages on behalf of the deceased.
What You’ll Need to Win
Here’s the important part- knowing what you need for a successful personal injury claim.
You know you’ve been hurt and you know it’s someone’s fault. However, the burden of proof falls on you when you sue someone.
Make sure you’re prepared by collecting enough evidence for a solid case.
You’re going to be in shock when the accident happens. But it’s important to try to record what you can as soon as possible while your memory is still fresh.
Try to obtain as much evidence as you can. You’ll want to keep the following items:
- Photos
- Medical records
- Police reports
- Receipts or invoices
- Witness statements
Make sure you’re within the Ontario statute of limitations. For the majority of personal injury cases in the province, you have 2 years from the date of the accident to file your claim.
After that, you increase your chances of the case being thrown out of court. This is especially risky when you’re dealing with a government operation like the TTC.
Put it this way: the sooner you file your claim, the sooner you’ll be able to get your compensation and move on to the next chapter of your life.
Contact Conte & Associates if You’ve Been in a Public Transportation Accident
Our legal team at Conte & Associates care about the community we live in. It’s important to us to make sure residents of the GTA and surrounding area are not being let down by the services they rely on every single day.
We will help you get justice for your injuries, and we’ll also make sure someone is liable for their actions.
No one can change what happened to you. But we can help you take back your life. We’ll make sure you get the compensation you need to recover and get back to the things you love.
If you want to start your path to justice, you can book a free consultation at one of our offices in Whitby and Vaughan. From there, we’ll work with you to go over your options and get everything together for your case.
Contact Conte & Associates now to get started.
