Now, it’s worth noting that Bus Accident Law generally falls within the common carrier law because the majority of buses offer transportation services as part of their business to regular people. The common carrier is an individual or an enterprise which is going to offer transport of people, items or services in return for a fee. The common carriers can be either public entities or private companies. The Federal Government is generally regulating the common carriers which transport passengers and this is with full force over the province of Ontario.
Key Features before Filing a Claim
Public Transit accidents involve a person who’s been using the services of public transit services and has incurred damages as a result of the misconduct of the driver. Now, there are a few key areas when filing compensation claims under this specific set of events. You have to understand that the common carriers, public transit services included, bear a higher duty of care because they offer the services to the regular person for a particular fee. Now, this means that the public transit service providers must adhere to the highest degree of both vigilance and care for the safety of the people who are on board. This is the main reason for which if you’ve been involved in an accident you have the full right to file a compensatory claim.
There are a few things to consider, though. Under the current legislation set forth in the province of Ontario, you are legally obliged to either file your case or at least file a notice of intention to sue within 10 days after the accident has occurred. This is required so that you don’t lose your rights to a claim. However, once you’ve filed this notice of intent you are allowed with an additional time frame of two years within which you’d be allowed to file your case. You should be informed that the legislation regarding these limitation terms is pretty strict and failing to comply with them would result in a loss of your right to get monetary compensation for your losses.
However, you should also be aware of the fact that you’d be filing your claims towards municipal authorities because the public transit is public for a reason – it’s been operated, owned and managed by the municipality. Interestingly enough, if the driver is found to be at fault, the municipality would have a regressive claim towards him under the current legislative provisions. However, this is not something that’s going to concern the injured party. In any case, filing a public transit claim is not that complicated and if it’s a small claim you could even handle it yourself. However, it is best to seek legal assistance before you file to ensure that you get your dues. And if you think that you won’t be able to handle it all on your own then it is best to hire a competent lawyer to draft and present your case.