- Public transport personal injury often occurs in collisions, sudden braking, or slipping inside a bus, tram, or train.
- The carrier is in many cases liable for the injury you sustain based on article 8:105 BW (Dutch Civil Code).
- You can claim various damages, including medical expenses, loss of income, and compensation for pain and suffering (article 6:106 BW).
- Arslan & Arslan Lawyers assist you free of charge in recovering your personal injury damages from the carrier and its insurer.
Personal injury in public transport unfortunately occurs more often than you might think. Whether it concerns a fall in a bus due to sudden braking, a collision between trams, or an accident involving a train: it can have serious consequences for your physical health and financial situation. In this article, we discuss in detail the legal aspects of personal injury after a collision or accident in a bus, tram, or train. We explain how liability is determined, what damages you can claim, and how Arslan & Arslan Lawyers can help you assert your rights.
What exactly is public transport personal injury?
Public transport personal injury refers to physical and sometimes also psychological injury you sustain while using public transport such as a bus, tram, or train. This can result from a collision, sudden braking, a fall inside the vehicle, or an accident when boarding or alighting. Besides physical injury, emotional and financial consequences may also play a role. It is important to know that the carrier can often be held liable for your personal injury.
Liability in public transport personal injury
The liability of the carrier is regulated in the Dutch Civil Code (Burgerlijk Wetboek) and the Road Traffic Act (Wegenverkeerswet). Article 8:105 BW explicitly mentions the carrier’s liability for damage suffered by passengers during transport. This article states that the carrier is liable for damage resulting from improper execution of the transport, unless the damage is solely due to the passenger’s own fault or an act of force majeure.
Article 8:105 BW – Carrier liability
According to article 8:105 BW, the carrier is obliged to transport passengers carefully. This means the carrier must ensure a safe environment inside the vehicle and employ competent personnel. If injury occurs due to negligence – for example, making an unnecessarily sharp braking maneuver or failing to maintain tram tracks in time – the carrier is liable.
Role of the Road Traffic Act (article 185 WVW)
Additionally, article 185 of the Road Traffic Act (WVW) applies. This article regulates liability in traffic accidents involving motor vehicles, which include buses and trams. This means that the insurer of the motor vehicle is generally required to compensate the damages. This strengthens the position of the victim in public transport personal injury cases.
Common causes of personal injury in bus, tram, and train
Sudden braking or abrupt stopping
One of the most common causes of public transport personal injury is sudden braking. When a bus or tram stops abruptly, passengers can fall or collide with objects. This can lead to fractures, bruises, or head injuries. For example, a passenger who falls due to sudden braking and breaks their arm may claim compensation for pain and suffering as well as medical expenses. In a well-known case, approximately €5,000 was awarded for pain and suffering, in addition to reimbursement of medical costs and loss of income.
Collisions and crashes
Collisions between trams, buses, or trains, or with other vehicles, can cause serious injuries such as whiplash, brain injury, or bone fractures. For instance, a train collision can lead to whiplash complaints requiring long-term rehabilitation. In such cases, compensation for pain and suffering can amount to €10,000 or more, depending on the severity and impact on daily life.
Slipping and falling inside the vehicle
Slipping due to wet floors, loose mats, or poorly maintained steps can also cause injury. The carrier must ensure a safe environment, so liability may apply in case of slipping. Medical expenses, compensation for pain and suffering, and possibly loss of income can then be claimed.
Injury when boarding and alighting
The moment of boarding and alighting is also a risky situation. Malfunctioning steps, steps that are too high, or unclear signage can lead to falls. Carriers are obliged to provide safe boarding and alighting options. When this is not the case, liability lies with them.
What damages can you claim in public transport personal injury cases?
Personal injury is a collective term for all damage you suffer due to the accident. In public transport personal injury cases, you can claim various damages, including:
Medical expenses
All costs related to your treatment and recovery, such as hospital stays, physiotherapy, medication, and aids. Future medical expenses can also be included in case of permanent injury.
Loss of income
If you are temporarily or permanently unable to work due to the injury, you can receive compensation for the difference between your income before and after the accident. This also applies to self-employed persons and freelancers.
Household help
If you can no longer cook, clean, or care for your children due to your injury, you can claim compensation for paid help or informal care.
Travel expenses
All trips to doctors, therapists, or the hospital can be reimbursed. This also applies to public transport or taxis you need to take because of your injury.
Compensation for pain and suffering (article 6:106 BW)
Compensation for pain and suffering is a payment for immaterial damage such as pain, grief, and loss of enjoyment of life. Article 6:106 BW provides that the court can award this compensation when someone has suffered unlawful injury. In public transport personal injury cases, compensation amounts vary greatly depending on the severity of the injury and its impact on daily life.
Future damages
In case of permanent injury, future damages can also be compensated, such as future care costs, loss of earning capacity, and adaptations to home or car.
The claims process and the role of Arslan & Arslan Lawyers
Claiming public transport personal injury damages requires a careful approach. Arslan & Arslan Lawyers guide you from start to finish. We ensure that all your damages are fully mapped out and that liability is legally established. With our experience in complex personal injury cases, we know exactly how insurers operate and can optimally represent your interests.
Step 1: Inventory and evidence gathering
We advise you to immediately collect medical reports after the accident, record witness statements, and take photos of the situation. This helps prove liability and the extent of your injury.
Step 2: Establishing liability
We assess whether the carrier is liable based on article 8:105 BW and article 185 WVW. Sometimes a traffic accident analysis is necessary to determine the exact cause.
Step 3: Damage calculation
We map out all damage items, both material and immaterial. This also includes compensation for pain and suffering based on article 6:106 BW and attorney fees that must be reimbursed under article 6:96 BW.
Step 4: Negotiations with insurer
We conduct negotiations with the carrier’s insurer on your behalf. Our goal is a fair and full compensation for your personal injury damages.
Step 5: Possible legal proceedings
If an amicable settlement is not possible, we are experienced in litigating to assert your rights.
Important Dutch legislation in public transport personal injury
Article 8:105 BW – Carrier liability
This article imposes special liability on carriers for damage suffered by passengers. The carrier must prove that they were not negligent to avoid liability.
Article 185 WVW – Liability in traffic accidents
This article states that the owner of a motor vehicle is liable for damage caused by the vehicle. This also applies to buses and trams, giving victims a clear party to claim damages from.
Article 6:106 BW – Compensation for pain and suffering
This article regulates compensation for immaterial damage. In public transport personal injury cases, it is often applied for pain and grief caused by serious injury or long-term complaints.
Article 6:96 BW – Extrajudicial costs
Costs for legal assistance, such as attorney fees, may also be recovered from the liable party. This means you often do not have to pay upfront for legal help.
Examples of compensation for pain and suffering in public transport personal injury
Example 1: Broken arm due to sudden braking in bus
A passenger falls due to sudden braking and breaks her arm. In addition to reimbursement of medical costs and loss of income, she is awarded €5,000 for pain and suffering due to the pain and discomfort during recovery.
Example 2: Whiplash after train collision
After a collision between two trains, a passenger suffers from whiplash complaints requiring long-term physiotherapy. Compensation for pain and suffering amounts to €10,000, and travel expenses and loss of income are also reimbursed.
Example 3: Fall when boarding and alighting tram
A passenger falls due to a malfunctioning step and suffers a torn ankle ligament. Compensation for pain and suffering of €3,000 is awarded in addition to reimbursement of medical costs and household help.
What can you do yourself after an accident in public transport?
- Always visit a general practitioner as soon as possible, even with minor complaints.
- Take photos of the situation and any damage to the vehicle.
- Note contact details of witnesses and fill in a damage report form if possible.
- Keep all receipts and invoices related to the accident.
- Contact a specialized personal injury lawyer as soon as possible.
How does Arslan & Arslan Lawyers help you with public transport personal injury?
We take care of the entire claims process, from establishing liability to negotiations and legal proceedings. Our lawyers specialize in personal injury cases and know the specific rules and case law regarding public transport. We also work on a no cure no pay basis and ensure you do not bear the costs thanks to article 6:96 BW. With offices throughout the Netherlands, such as Rotterdam, Amsterdam, and The Hague, we are always nearby for personal contact.
Frequently asked questions about public transport personal injury
Does a personal injury lawyer cost me money?
No, the costs of a personal injury lawyer are reimbursed by the insurer of the liable party based on article 6:96 BW. You do not pay any advance yourself.
How long does a personal injury case take?
The duration depends on the severity of the injury, the complexity of the case, and the cooperation of the insurer. Simple cases are resolved within a few months, complex files can take years.
Can I still receive compensation if I am partially at fault?
Yes, compensation is often reduced in case of contributory negligence but not automatically denied. For example, as a cyclist or pedestrian, you receive at least 50% compensation. This is legally regulated.
What should I do if the carrier disputes liability?
It is important to engage a specialized personal injury lawyer. We can have a traffic accident analysis conducted and legally enforce liability.
Read also
- Compensation for pain and suffering in a traffic accident
- Whiplash after a rear-end collision
- Calculating personal injury and damage items
Feel free to contact Arslan & Arslan Lawyers if you have sustained personal injury in public transport. We are ready to help you with expert legal assistance and recovering your damages. More information about our personal injury services can be found on our personal injury page.