Compensation for a fall on public transport?

At the end of 2023, Georgiev and Petrov Law Firm won a case for compensation for a passenger who had fallen on public transport when the driver suddenly started moving. The case was brought against the bus's insurer under "Motorists' Third Party Liability" insurance.

The case is interesting for several reasons.

When the victim came to us, she had the idea that she had no chance of receiving compensation because:

• the accident was not registered in the public transport accident logs on the relevant day;
• the victim only had the phone numbers of two unknown passengers who were on the bus at that moment;
• The incident occurred during a sudden start, immediately after leaving a public transport stop, without there having been an accident.

Thanks to our efforts, the victim received compensation in the amount of 10,000 BGN. – out-of-court under insurance "Passenger Accidents in Public Transport"„ and a second compensation in the amount of 20,000 BGN. for the injuries she suffered – a fractured lower leg.

The mechanism and circumstances under which the accident occurred were established by written evidence and the testimony of one witness eyewitness.

The plaintiff boarded a bus from a public transport stop in the city of Sofia and stood upright next to the middle door of the bus, where there was a place for standing without seats. She traveled in this way for about one or two stops, after which the bus stopped and then abruptly drove off. As a result, the plaintiff stumbled and fell, and in the fall she sustained damage to one of her legs. She experienced severe pain and could not stand up on her own. Other passengers helped her and at the next stop she was taken off the bus with the help of an emergency service that had already been called.

At the time of the accident, other passengers also stumbled, but only the plaintiff fell. As a result, she suffered an intra-articular „three-ankle fracture of the left lower leg“, which, in its medical-biological nature, represents a permanent difficulty in moving the left leg for a period longer than 30 days, in this case about 4 months. Immediately after the accident, she was admitted to a hospital, where an operation was performed to open the fractured ankles and stabilize them with metal osteosynthesis - a plate and screws.

The plaintiff owned a valid public transport travel card, which has the meaning of a transport document, when using which, after boarding the bus and in the event of an accident, he benefits from the rights under the "Passenger Accidents in Public Transport" insurance.

As a result of the efforts of the lawyers working on the case, the court accepted that there was a tort under Article 45 of the Road Traffic Act. There was a violation by the bus driver of the provision of Article 132, item 2 of the Road Traffic Act (RTA), which obliges the driver of a public transport vehicle to ensure all conditions for the safe transportation of passengers before starting and during movement. This means driving not only in compliance with all traffic rules under the RTA, but also in a manner consistent with the nature of the transport and preventing the life and health of passengers from being put at risk.

The latter is especially important in public transport in an urban environment, where, in carrying out the assigned routes, drivers necessarily stop repeatedly for various reasons, and in addition, the buses themselves allow the transport of standing passengers, which additionally requires increased attention. Therefore The specified norm requires the driver, when setting the vehicle in motion, to accelerate at such a speed as to ensure the safety of all passengers, including those standing..

The insurer under the "Civil Liability" insurance in this case covers the liability of the insured for all material and non-material damages caused to the victim, which are a direct and immediate consequence of the injury Art. 51, para. 1 of the Civil Liability Act. Non-material damages constitute damage to intangible assets and are subject to equitable compensation according to Art. 52 of the Obligations and Contracts Act (CLA).

Regarding the non-pecuniary damages in the case, it was established that the plaintiff suffered a fracture of her left lower leg in the fall. The non-pecuniary damages suffered by the plaintiff, which are causally related to the accident and for which the defendant owes compensation, were established in an indisputable manner.

The treatment and recovery period lasted more than 4 months, during which the plaintiff underwent surgery, then home treatment, with serious difficulties in moving around with the use of assistive devices and the need for comprehensive assistance in daily care from loved ones.

The accident and the damage it caused had an impact not only physically, but also negatively on her mental state, due to the change in her daily life and the restrictions on her ability to carry out the activities she previously engaged in.

Taking these circumstances into account, the court considered it fair, according to the criteria under Article 52 of the Civil Procedure Act, to award compensation for non-pecuniary damage of BGN 20,000, which amount is comparable to the pain and suffering suffered, given the socio-economic conditions in the country on the day of the accident.

In this case, the court also examined the question of how the two compensations relate. Accident insurance is voluntary and personal in nature.. It has no direct compensatory effect, since upon the occurrence of the relevant insured event, compensation for the damages incurred is not due in the amount in which they were caused, but the payment of an initially determined amount. Due to the lack of such effect, it is allowed to be cumulated with compensation payable to remedy the harm that has occurred. Therefore in cases of an insurance amount paid to the injured party on the basis of such personal insurance, it shall not be deducted from the compensation due from the person causing the damage or from the insurer under the "Civil Liability" risk of the injured party.

You can learn more about your rights in road traffic accidents. from here.