Q: I was traveling in a city bus. While I was proceeding to the exit, the bus braked abruptly, and I was suddenly hurled forward against a metal rail, hit hard, cut my forehead and tore the brachial bundle. Can I get compensation for my injuries?
A: You can demand it, but it will not be easy to get. The public transportation serves millions of people by providing transit services and often carries financial losses. No private company does that. The main concern is to satisfy public interests. Therefore, when considering claims against the city public transit department and the city in general, judges and juries are more likely to be on the side of the city, rather than side with the claimant. Even laws that provide for the compensation from city departments are less liberal than those where the city is not involved. In your case, you should prove that the braking was unforeseen (it happened far from the bus stop) and extremely harsh, for example, because of the unreasonably high speed or driver’s gaffe. However, if the driver says that he had to brake aggressively because another car was going through a red light, the emergency doctrine would come into effect. This doctrine exempts the city from liability when certain actions of a city worker (driver) are considered to be necessary to avoid an accident. On the other hand, by filing a lawsuit against the city (in your case, the city public transit department), you can win big money. The insurance they have is much bigger than any private company can afford. Therefore, we recommend that you fight for your compensation. Our lawyers have been doing that successfully for many years and are ready to help you to win your case.
