Fell on a bus: who is at fault

A passenger who falls inside a moving bus, often during harsh braking or a sudden swerve, can usually claim against the bus driver or operator if careless driving caused the fall. You are treated as a third party. You do not need to prove which vehicle was to blame if another vehicle made the bus react suddenly.

The typical facts

A passenger loses balance while the bus is braking sharply, pulling away before they are seated, or closing its doors. Sometimes no other vehicle is involved. Standing passengers and those boarding or getting off are most at risk.

How fault is assessed

The test is the same as in who is at fault in a crash. The driver must drive reasonably safely for passengers, including allowing time to sit or hold on before moving off.

Harsh, unnecessary braking or a door closing on a passenger points to the driver’s negligence. Braking to avoid another vehicle’s mistake can shift responsibility to that other driver.

The evidence that decides this dispute

• Onboard closed-circuit television (CCTV) footage from the bus itself, where available.
• Other passengers as witnesses, since a bus rarely lacks people who saw what happened.
• The bus operator’s own incident report, which many companies keep separately from the police report.
• GPS or telematics data showing sudden braking or speed at the time.
• The condition of the flooring, handrails, or doors, if they contributed to the fall.

Request the bus operator’s CCTV footage as early as possible, since it is not always kept for long.^[3] The police report after an accident explains what to record alongside it.

Who you can generally claim against

As a passenger, you are treated as a third party, and compulsory motor insurance must cover a third party’s death or bodily injury.^[1] Your claim does not depend on working out which vehicle was to blame if another road user caused the sudden movement.

A third-party bodily injury claim explains this route in more detail.

Contributory negligence for a passenger

If a seat or handrail was reasonably available and you did not use it, that can reduce your compensation.^[2] Contributory negligence explained sets out how this is weighed.

What to do at the scene and after

Record the bus’s registration number, route number and the time of the incident straight away. This identifies the operator and the journey. Passenger injury claims explained covers the wider process.

An independent lawyer can take on your claim and take it up with the bus operator’s insurer. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.