I fell while riding on a bus – can I claim damages for my injuries?

  • Yes.  
  • A bus driver must be reasonably prudent in driving, taking into account the nature of the passengers.  Extra care must be taken when passengers are elderly, disabled or infirm.
  • The bus driver’s liability will depend on the manner of the stop, the reason for its suddenness, and whether, in all the circumstances the driving was substandard.

In Erickson v. Sibble the bus passenger was sitting on a sideways-facing seat.  She was not holding onto a stanchion.  When the bus braked suddenly to stop for a red light she was pitched forward and was injured.

The judge decided that fault was shared.  The plaintiff should have been holding on to the stanchion since she was somewhat frail and she knew from the start that the bus driver was driving in a jerky and erratic manner.  She was 25% at fault.

The bus driver was 75% at fault.  He was not keeping a proper lookout, so did not see the amber traffic light in time to avoid the need for a sudden and jarring stop.  There were no other circumstances, such as a pedestrian stepping in front of the bus, that would justify his jamming on the brakes. 

If you have been hurt on a bus, we can help.  Contact us.

Read the case:  Erickson v. Sibble