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Public Transportation Accident Lawyers
Without public transportation, Ontario’s bustling towns and cities would come to a standstill. City buses, streetcars, light rail, GO Trains and subways move significant numbers of people every hour of the day quickly and efficiently. This reduces the number of cars on the road, which helps reduce traffic congestion.
However, when there are accidents on public transportation, many people can get hurt at once. If these large vehicles hit pedestrians, cyclists or other cars or trucks on the road, it can often be very serious or even fatal.
If you or a loved one are injured in a public transportation accident in Ontario, you may be able to receive accident benefits and compensation for your losses. However, there are some important things to consider.
How do public transportation accidents happen?
Ontario law defines public transit vehicles as having two characteristics:
- They can be any vehicle providing transportation to members of the public on behalf of a municipality or local board.
- There must be a charge for the transportation.
Emergency vehicles such as ambulances, school buses, or dedicated transportation for persons with disabilities are excluded from this category of vehicles.
Types of accidents causing injuries.
There are many ways public transit vehicles are involved in accidents which injure either their own bus drivers, passengers, pedestrians, cyclists, and/or people in other vehicles on the road.
Some common accidents include:
- A single public transit vehicle accident:
- A collision with an object.
- Mechanical failure causing injuries.
- Sudden starts, stops, turns, derailments or rollovers causing passengers to become injured.
- Slips and falls while entering, riding or exiting the vehicle.
- Hazards on public transit platforms.
- A collision involving non-motor vehicles:
- Striking a pedestrian or cyclist.
- A collision involving another public transit vehicle.
- A multi-vehicle accident (MVA), where a public transit vehicle collides with one or more:
- Cars, trucks, motorcycles, ATVs, or other motorized vehicles. Pedestrians and/or cyclists may also be involved in such accidents.
While any of these accidents can cause serious injuries and losses, there are some distinctions in the law that affect what type of compensation may be available:
- People who are injured in the first three categories of accidents referred to above are only able to file tort claims for damages.
- People injured in the latter category may also be eligible to receive compensation under Ontario’s Statutory Accident Benefits Schedule (SABS).
How does the law differ and what will it mean to you?
Ontario's no-fault statutory accident benefits system, also known as "SABS", allows people who are involved in an accident with a certain type of motor vehicle to apply for immediate medical and attendant care benefits as well as additional compensation, including income replacement. A brief breakdown of differing SABS benefits is as follows:
Even if the injured party does not have their own vehicle insurance or was responsible for the accident, they are still able to apply for SABS.
If the injured person is not responsible or only partially responsible for the accident, they may be able to file a tort claim for damages. This includes money that was lost (called "pecuniary damages") and pain and suffering (called "non-pecuniary damages").
If there is no other vehicle involved in the public transportation accident and the injured person does not have SABS benefits, Section 268(1.1) of the Insurance Act prevents them from getting these benefits.
It is very unfortunate that victims of these types of public transportation accidents do not have access to timely benefits. Section 267.5(6.1) of the Insurance Act does help these victims advance tort claims against the municipalities, local boards and public transit drivers.
In most tort claims against the at-fault owner or driver of a motor vehicle, in order to receive money for "pain and suffering" damages, you must have an injury that meets a certain threshold. This means that you must have a permanent, long term, or serious impairment of an important physical, mental, or psychological function or disfigurement.
Even if the injury threshold is met, the liable party may not have to pay as much compensation as you think. The statutory deductible can reduce how much they have to pay. This doesn't apply in certain types of accidents, like single vehicle accidents involving public transit or accidents involving public transit infrastructure.
If you or a loved one is involved in and seriously injured in a public transportation accident, these finer points of the law may not be on your mind.
A knowledgeable and experienced personal injury legal team can ensure you understand your rights and how your ability to make and advance a claim can affect your journey towards recovery. Our public transportation accident lawyers in Ontario are here to do just that. Contact a Gluckstein Lawyer as soon as possible for a free, no obligation consultation to discuss your options.
Common causes of public transportation accidents.
Although many types of hazards and negligent actions can cause public transportation accident injuries, we often see injuries relating to:
- Bus accidents.
- Collisions with motor vehicles, cyclists, pedestrians or stationary hazards.
- Dangerous or distracted driving.
- Potholes.
- Poor weather conditions.
- Improperly maintained vehicles and mechanical errors.
- Sudden starts and stops.
- Icy or wet flooring, steps or platforms.
- Passenger assaults.
- Streetcar and Light Rail Accidents:
- Collisions with motor vehicles, cyclists, pedestrians or stationary hazards.
- Operator fatigue.
- Derailments.
- Poor maintenance.
- Weather-related accidents.
- Sudden starts and stops.
- Icy or wet flooring, steps or platforms.
- Passenger assaults.
- Subway Accidents:
- Derailment.
- Sudden stops.
- Operator error.
- Slippery platforms.
- Poor maintenance and mechanical failure.
- Falls on escalators and stairs.
- Passenger assaults.
Common public transportation accident injuries.
Public transportation accidents can lead to many different types of injuries. Some accident victims may escape with minor injuries, while others sustain life-changing injuries that cause significant impairment and long term disability. Frequent types of public transit injuries include:
- Traumatic brain injuries.
- Spinal cord injuries and nerve damage.
- Fractures causing broken bones.
- Dislocated limbs, slipped discs, torn ligaments, muscle strains or sprains, whiplash associated disorders.
- Cuts, bruising or burns.
What can you do if injured?
After a serious injury on public transportation, you may be in shock and not able to think clearly. If you can, you should tell other people about your injury.
Call first responders for a medical evaluation, or go to a hospital or doctor's office as soon as possible.
The severity of some injuries don’t become apparent for hours or days after an accident. An initial examination and close monitoring of symptoms in the period following the accident is essential.
If possible, collect the information of other people involved in the accident or who witnessed the accident. This information could include:
- Any identifying numbers of transit vehicles or operators.
- The names and insurance information of any motor vehicle drivers involved.
- Licence plate numbers.
Some public transit vehicles or platforms have recording devices that may have captured the accident and/or injury as it happened. However, it is always a good idea to take photos or video of the scene of the accident and/or your injuries if you can.
Be mindful of what you say to people around you - particularly anyone who may have been responsible for the accident. Never admit fault. You may not want to speak to anyone about the accident and your injuries except for medical responders and the police. Contact a public transportation accident lawyer as soon as possible to discuss the incident and learn about your rights.
How can Gluckstein Lawyers help?
If you or a loved one have been injured in a public transportation accident, Gluckstein Lawyers can help you get the benefits and compensation you deserve for your losses.
The location and circumstances of the accident can make a difference in how your case is pursued - for example, if the accident occurred on municipally-managed property. In such cases, there may be a limited time to give notice of the claim.
When you contact the Gluckstein team, we will listen to your story. We want to hear what happened and how it has affected you. As we explain your options and rights, we will help you in any way we can.
If we believe our team can help you get money for your injuries, we will agree to be your legal representative. We only get paid if we are successful in getting you a settlement or court award.
Gluckstein Lawyers is a highly respected firm that is known for our dedication to providing full circle care to our clients. We treat our clients like family and cherish our client relationships.
Your journey to recovery doesn’t simply end when legal proceedings do. You deserve a trusted voice and law firm to be your advocate and supporter during these trying times.
Our public transportation accident lawyers in Toronto, Ottawa, Niagara, and Barrie serve clients across Ontario and are here to work with you, so make the call today for a free consultation.
Related Expertise.
Public Transportation Accidents FAQs.
- What are the most common causes of injury-causing accidents involving trains?
- While there can be many causes of train accidents, the most common reasons for injury-causing accidents include: negligence of train operators and railway staff (failure to adhere to the proper process, inattention, intoxication, speeding); reckless motor vehicle drivers, cyclists, and pedestrians who trespass or cross tracks at unsafe times; stalled vehicles on tracks; unprotected rail crossings or defective safety features at crossings (lights, bells, crossing arms); mechanical failures and/or defective tracks; derailments; and suicide. Get More Information
- How common are train accidents in Canada?
- Recent statistics show about 1,000 accidents per year across Canada. Freight trains accounted for just under 40 per cent and single cars/locomotives and track units accounted for just under 60 per cent. The remainder, about four per cent, involved passenger trains. About one in six accidents occurred at rail crossings. Two-thirds of rail fatalities (approximately 60 to 70 annually) are the result of trespassing, while about one in four are crossing fatalities. Get More Information
- What are the types of heavy rail transportation systems in Ontario?
- In southern Ontario’s Golden Horseshoe region, GO Transit operates seven heavy rail commuter transit routes. The Union-Pearson (UP) Express is a 23-kilometre long airport rail link between Union Station and Toronto Pearson International Airport that is classified as a heavy rail system. Via Rail is a Crown corporation designed to facilitate inter-city travel across Canada, including routes along the Windsor-Ottawa corridor and some routes reaching the northwestern portions of the province. Two national railway companies, the Canadian National (CN) Railway and the Canadian Pacific (CP) Railway, and an additional 17 other rail companies operate routes either within Ontario or between provinces including Ontario. Passenger service on these systems is generally limited and most of these trains are used for freight service. Get More Information
- What does heavy rail mean?
- Heavy rail transit is usually defined as inter-city rail transit where there are dedicated right of way tracks. Get More Information
- Are there deadlines when seeking compensation for subway, streetcar or light rail accidents?
- If applicable, an application for SABS can be made through your own motor vehicle insurance provider or the provider of a motor vehicle driver involved in the collision. You must begin the SABS application process within 30 days of the accident. Anyone seriously injured in a subway, streetcar or light rail accident in which they were not at fault or only partially at fault can make a claim for damages against the at fault or negligent party/parties. It is important to know that while generally you have two years from the time of the accident/injury to file a claim for damages, if a claim is made against a municipal government or transit authority, notice of claims are required to be filed within 10 days. Get More Information
- What are some common types of injuries sustained in subway, streetcar or light rail accidents?
- Common injuries from these types of accidents include: traumatic brain injuries, whiplash, sprains and strains, spinal cord or other nerve damage, fractures, cuts, bruises, or scarring. Get More Information
- What types of accidents can occur on subways, streetcars and light rail transit?
- People may fall or be pushed onto subway tracks, be hit by vehicles when entering or exiting a streetcar or street-level LRT vehicle, be injured if doors close too quickly on a rider, slip and fall on the vehicle itself or platform/transit shelters, fall or suffer trauma when bracing themselves during a sudden stop, injured themselves due to hazards on poorly maintained vehicles or platforms, through physical altercations between passengers, or through collisions with other vehicles or stationary objects. Get More Information
- What Ontario communities have subway, streetcar and light rail systems?
- Larger urban environments in southern and eastern Ontario have developed or are in the process of developing transit systems employing subway (heavy rail and light metro rail), light rail, and streetcar technology. These communities include: Ottawa, Toronto, Kitchener-Waterloo Region, Peel Region, and Hamilton. Get More Information
- Am I able to make a claim for damages if the bus accident was not my fault or only partially my fault?
- If you were not at fault for the accident or only partially at fault, you may be able to file a tort claim for damages. Transit riders injured in bus accidents that do not involve a collision are no longer eligible for SABS and must file a tort claim for compensation. Anyone else involved in a bus accident may make a claim for compensation to supplement SABS. While there is a general deadline to file a claim within two years of the accident (or within two years of being reasonably aware of your injury), notice of claims against a municipality or Ontario’s Ministry of Transportation must be submitted in writing to the appropriate office within just 10 days of the accident, unless a person’s injury reasonably prevents them from being able to file within that period or another factor alters the timelines established by the law (for example, passengers under the age of 18). Get More Information
- Do I qualify for the Statutory Accident Benefits Schedule (SABS) if I was involved in a bus accident?
- Anyone involved in a collision involving a bus or other motor vehicle in Ontario is eligible to receive SABS. However, the provincial government made changes to the Insurance Act designed to eliminate SABS for public transit riders who are injured if the accident does not involve a collision with an object or other vehicle. Section 268(1.1) of the Insurance Act prevents applications for SABS against either the transit authority’s insurance policy or a rider’s own vehicle insurance. Get More Information
- What are some common causes of bus accidents?
- Bus accidents may be the result of driver inattention or distraction, driver fatigue, speeding and/or dangerous driving, sudden stops or swerves to avoid hazards, influence of alcohol or drugs, poor road conditions, vehicle disrepair/malfunction, hazards on the bus (slippery floors, uneven flooring, falling objects, doors closing prematurely), physical contact (intentional or unintentional with other passengers), verbal abuse or harassment by passengers or the driver. Get More Information
- What are some types of bus accidents that can cause injury?
- Bus accident injuries can occur as a part of a collision (with another vehicle, road user or stationary object), a rollover, erratic driving or swerving, slip and falls, or through incidents (including physical altercations or other abuse) with passengers or the driver. Get More Information
- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- What are some signs and symptoms of severe head trauma?
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Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:
- Headaches;
- Confusion;
- Lightheadedness;
- Full or partial paralysis;
- Dizziness;
- Blurred vision or tired eyes;
- Ringing in the ears;
- Bad taste in the mouth;
- Fatigue or lethargy;
- Changes in sleep patterns;
- Behavioural or mood changes;
- Trouble with memory, concentration, attention, or thinking;
- Repeated vomiting or nausea;
- Convulsions or seizures;
- Inability to awaken from sleep;
- Dilation of one or both pupils of the eyes;
- Slurred speech;
- Weakness or numbness in the extremities;
- Loss of coordination;
- Increased restlessness or agitation.
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- Headaches;
- What is the second thing I do if I sustained a traumatic brain injury?
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If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.
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- What is the first thing I should I do if I sustained a serious blow to the head during an accident?
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Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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- What are my legal rights following a bus accident?
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Whether you were a pedestrian, cyclist, motorist or bus passenger, you have legal rights following a bus crash. You may be eligible for Statutory Accident Benefits Schedule compensation and/or damages if you were not at fault. Compensation and damages can include:
- Pain and suffering;
- Loss of income (past and future);
- Housekeeping needs;
- Your family or partner’s care and nursing and the impact on your relationship;
- Rehabilitation and medical needs; and
- Any assistive devices you may need to hasten your recovery.
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- Pain and suffering;
Public Transportation Accidents Legal Team.
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