Public Transport Accident Claim: Bus, Train & Plane Incidents

Who Can You Claim Against?

A public transport accident claim is usually made against the operator, not an individual employee. Bus, train and coach operators — and airlines — owe every passenger a duty of care to carry them safely. Depending on how the accident happened, your claim may be brought against:

• The driver — for careless or dangerous driving that caused the accident
• The transport company — where negligence lies with maintenance, staff training, or health and safety failures (for example, a wet floor left unmarked, a broken step, or faulty doors)
• A third party — such as another vehicle whose driver caused a collision with the bus or train you were travelling on

Passengers, and in many cases pedestrians or other road users caught up in the same incident, can all potentially claim.

Bus and Coach Accident Claims

Bus and coach operators owe passengers a duty of care under ordinary negligence law. Common claim scenarios include harsh braking that throws standing or seated passengers, collisions with other vehicles, and slips or falls caused by wet or obstructed floors. Because most buses carry CCTV, footage of the incident is often available — but operators aren’t always required to keep it long, so reporting the accident and instructing a solicitor promptly matters.

Train Accident Claims

Rail operators are responsible for passenger safety on platforms, in stations, and on board. Claims commonly arise from faulty doors, gaps between the train and platform, trip hazards, or collisions. As with buses, you’re claiming against the operating company’s negligence rather than a specific individual, and incident reports logged with station staff at the time strengthen a claim significantly.

Plane Accident Claims and the Montreal Convention

Injuries on international flights are governed by the Montreal Convention 1999, not ordinary UK negligence law. Under the Convention, an airline is strictly liable for injury caused by an “accident” — an unusual or unexpected event, external to the passenger — that happens on board or while boarding or leaving the aircraft. This means you don’t need to prove the airline was negligent, only that a qualifying accident occurred and caused your injury.

Key points that make plane accident claims different from bus or train claims:

• Shorter time limit — you generally have two years from the date the aircraft arrived at its destination to bring a claim, rather than the usual three years for other personal injury claims
• Applies to international flights — including domestic legs booked as part of a single international journey; a wholly domestic UK flight is instead governed by ordinary English negligence law, with the standard three-year limit
• Doesn’t cover crew — the Convention protects passengers, not airline staff, who claim through employment-related personal injury law instead
• A liability threshold applies — above a set limit, the airline can only avoid paying further compensation by proving it wasn’t at fault, which in practice makes serious injury claims easier to pursue

Because the Montreal Convention time limit is shorter and the rules are more technical than a standard claim, getting advice quickly after an in-flight injury is particularly important.

What Compensation Can You Claim?

Whatever the mode of transport, compensation typically covers:

• General damages — for pain, suffering, and loss of amenity
• Special damages — loss of earnings, medical and physiotherapy costs, travel expenses, and care costs incurred during recovery

Our Claims Process

1. Free consultation — we assess whether you have a valid claim and explain your options
2. No win no fee agreement — we take on eligible cases without upfront cost to you
3. Evidence gathering — CCTV, incident reports, witness statements, and medical evidence
4. Negotiation — we deal directly with the operator or airline and their insurers
5. Resolution — most claims settle without court proceedings; where they don’t, we represent you throughout

Why Choose Adam Bernard Solicitors?

• Our personal injury solicitors have years of experience handling claims against bus, coach, rail, and airline operators
• A consistent track record of successful outcomes for our clients, backed by client testimonials
• Cases taken on a no win no fee basis wherever possible — you pay nothing unless we win your compensation
• Regulated by the Solicitors Regulation Authority (SRA No: 598171, 656730)
• Offices in High Holborn, Central London and Upton Park, East London, with 24/7 phone contact and free video consultations

Frequently Asked Questions