Can I claim from Dublin Bus for an accident when I was knocked off my bicycle and broke my leg?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
To answer the question “can I claim from Dublin Bus for an accident” some factors must be taken into account. Was the driver of the bus fully responsible for the accident? Are you in any way to blame? A compensation claim against Dublin Bus can only be made when it is proven that the accident was due to the negligence of the bus driver. If you are found to have contributed to the circumstances of the accident or to the extent of your injury – perhaps by failing to use the correct hand signals – you may still be able to claim compensation from Dublin Bus, but the amount you receive may be significantly reduced.
Since you ask “Can I claim from Dublin Bus for an accident” when you were knocked off your bicycle and sustained a broken leg, it suggests that the accident was a serious one that required the presence of the Gardaí and an ambulance. The Gardaí would therefore, have been able to file their own report on the accident and interviewed witnesses, information which could be used to support your case and determine liability. You would be able to claim compensation against Dublin Bus if the consensus was that the driver of the bus was responsible for your injury.
Once negligence has been established, it is recommended that you consult with a solicitor who can recommend the best way to proceed with your compensation claim. The claim would not be made against the driver, but Dublin Bus as the entity responsible for ensuring that their drivers maintain their duty of care towards their passengers and other road users. It is possible that you could be approached by the bus company’s insurance firm with an early offer of compensation. Such an offer should be referred to your solicitor as soon as possible to determine whether it sufficiently reflects your injury and the affect it has had on your quality of life.
“Can I claim from Dublin Bus for an accident?” Yes, you can, provided that the accident was due to the negligence of another party. However, you should be aware that no two bus accident compensation claims are alike, and you would be well advised in engaging with a solicitor who can assess your claims and answer any questions you may have.