If a elderly woman got on a bus, and the driver drives on with the elderly woman still moving towards her seat. She then losses her balance and falls over. Causing her to fracture her hips.
Does she have the right to sue the bus company?
Currently my grandmother is in hospital as this happened today. We are trying to find out if we can do anything about it.
2007-08-09 05:48:15 · 11 answers · asked by greig r 1 in Politics & Government ➔ Law & Ethics
Yes, she can sue. And there are a hundred firms of "no fee" lawyers keen to take on the case.
2007-08-09 05:52:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes she can most definately sue!! I would contact the bus company and let them know about the incident (although they should already know about it) and inform them that you are going to sue. Most likely to save on costs they will offer you compensation. Only take it if you feel it is a fair amount. If not take it the courts!
I'm sorry to hear about your grandmother - I hate drivers that do that. Here in London they (bus drivers) are atrocious drivers. They pull out quickly causing you to almost fall over or when stopping they brake at the last minute causing you to be thrown forward. I wish they would drive more steadily!! I wish you grandmother well!!
2007-08-09 05:57:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Can she sue? - Sure. You can sue for anything. Some things don't get heard at trial, but you can file for anything.
Should she sue? - Harder to say. Is the bus driver required to wait for passengers to sit? Have they set the expectation by actions or promises they would? Did she ask the drive to wait until she was seated? Do they have handrails to hold on to while a person walks to their seat? Does the bus allow people to remain standing while the bus is in motion such as when the bus has more passengers than seats?
2007-08-09 05:56:27 · answer #3 · answered by davidmi711 7 · 1⤊ 0⤋
I believe the question you are asking is "Can the bus company be sued with a reasonable expectation of succeeding at court?". Otherwise than that you can sue anyone you like - whether you win is another matter entirely.
First of all let's look at the law of torts - negligence which would be the most appropriate route to take. There are 3 components to an action in negligence:
1. Duty of care
2. Breach of duty
3. Damage to Plaintiff
A bus driver owes a duty of care to anyone who he can reasonable see would be injured by his acts or omissions. Therefore a bus driver should drive with reasonable care to the standard imposed on him by law. The test is an objective one.
Whether the bus driver has failed to meet the required standard of a "reasonable bus driver" is hard to say from the facts given. For example, did he drive with reasonable care only to find that your grandmother was negligent in her acts. She may, for example, have not held on to the rail/bars on the bus which caused her to fall. In other words was it her own fault? If this is so no action will lie or if it does they bus company may reduce damages by claiming "contributory negligence". Even though your grandmother may be in her late years of life would be of no avail to the bus company. In English law you"take your victim as your find them". This refers to a person who is injured with a particular characteristic. e.g. a person with one leg being hit by a car, a person with haemophilia being treated incorrectly at a hospital. Therefore is it of no defence for the bus company to say that if it had been a younger or more able-bodied person the event would not have happened. If the impact to the floor caused your gandmother to fracture her hips then it would appear that the bus driver has not driven at one would expect.
However, to succeed at court you need evidence. Were there any witnesses who can give evidence that the bus driver drove without due care and attention and as a consequence caused the injury to your grandmother? Although she has suffered injury the bus company would merely state that it was "her fault". If you take it to court you must prove otherwise and that's a difficult task on just her word against theirs.
I hope this helps a little!
2007-08-10 09:27:57 · answer #4 · answered by Vipguy 3 · 0⤊ 0⤋
Your car's damage was paid by insurance, so the insurance company now owns your right to sue the bus company. This is called subrogation. If you file a suit to recover the deductible and lose, the insurance company will be bound by collateral estoppel and will no longer have the ability to subrogate against the bus company. They will sue you to get back the money they paid, and you will have no defense to that suit. If you file a suit to recover the deductible and win, the rule against splitting a cause of action will preclude the insurance company from maintaining its subrogation action. In other words, the lawsuit to recover the deductible is a lose-lose proposition. What you need to do is monitor the subrogation action. If the insurance company recovers anything, they are required by law to reimburse your deductible first, before keeping the money for themselves, but you'll have to fight them to recover the money. Use the resources of your state insurance commissioner to pressure the insurance company to account to you for the deductible.
2016-05-17 23:21:05 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Does the bus have safety handles that the passengers are supposed to hang onto as they move from one standing position to another? Does grandma know how to use them?
Does grandma walk very slowly? How long should the driver wait for grandma to find a seat ans slow down? Does driver wait for anyone else?
Does the bus have insurance covering accidents to people inside the bus & is that insurance paying your medical bills?
If you have a sidewalk in front of your home & someone slips and falls on it, your insurance has to pay their medical expenses.
What should be happening here is the bus company insurance company is paying for grandma hospital stay.
So long as they are doing that, you do not have a leg to stand on in a law suit.
2007-08-09 05:54:23 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Definitely. Your grandma can sue the bus company for civil liability - (recovery of all medical expenses incurred by reason of the accident caused by the negligent act of the driver).
2007-08-09 05:52:46 · answer #7 · answered by Belen 5 · 1⤊ 0⤋
Yep, I was on a jury about the same thing except the little old woman got her hand caught in the door when she was getting off and he drove off dragging her along. She broke her pelvis. That was 35 years ago and she was awarded $10,000 at the time which wold be like $60,000 now.
2007-08-09 06:49:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Probably. It is alot more easier to sue people these days. It was his/her fault that she had an accident and it could have happened to anyone. Especially if your grandmother needs treatment that needs paying for.
Go to a citizens advice bureau. Good luck.
2007-08-09 05:54:49 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Yes, talk to a lawyer right away. I will bet they will go see grandma up at the hospital to get things going. Good luck.
2007-08-09 05:53:21 · answer #10 · answered by Walkerfire 3 · 2⤊ 0⤋