Accident & Injury: Compensation from TFL . . .

bestpud

AnonyMo wrote: »

Thanks to the few who understood the OP and made useful replies.

In response to the others and for extra clarification, the cyclist was riding on the 'road' near to the kerb. Everyone at the scene blamed the bus driver and her details were taken for complaints to TFL.

It's true that my sister should've looked both ways before boarding off and as such it may be said that she is 'partially' to blame. However, to suggest that she is 'completely' to blame is quite irrational if one has understood anything about the circumstances.

Thank God she is now recovering but for a couple of days she wasn't able to do much and still suffers from some pain to the head and bones.

However, what we, as well as witnesses on the bus, are unhappy about is the fact that the bus driver did not stop at a designated stopping area. This especially combined with the fact that it was dark and visibility was reduced so that it was possible to miss spotting anything coming at you even if you looked. As far as I'm aware the bus driver is not permitted to let passengers off anywhere other than the bus stop. And this is the gist of it.

And I guess she'd have complained bitterly if forced to travel on to the next stop too?

The driver realised she'd failed to notice the bell, for whatever reason - could simply have been she needed to concentrate on the road at that point in time. But instead of driving on, she let your sister off.

Yeah, maybe she should get a slap on the wrist from her employer for that, but from your sister's point of view, she was trying to help.

Your sister could of course, have refused to get off the bus, or just stayed in her seat and told the driver at the next stop that she had rang the bell etc. But, no, she got up to complain there and then, so the door was opened, and she chose to step off without looking!

Probably safer than having her stood at the front of the bus moaning in the driver's ear!

Your problem is the driver did not stop, so contact the company and ask them to make sure she is more attentive to the bell - job done!! What is compensation going to achieve that a simple complaint to the company won't?

Get a grip! This driver is doing her job and she made an error in being kind to your sister. No doubt her future passengers will now have to walk back from the next stop! :rolleyes: But it was a MINOR error on her part - she *shock, horror* missed the bell - hardly a sackable offence is it? But she tried to rectify it and is now being hounded by money-grabbing finger pointers!

Astounding!

geri1965_2

I'm with the majority of people in saying that the person stepping off the bus is completely to blame - the cyclist was not necessarily undertaking, if the bus overtook him and then stopped to let the girl off. If she was alighting at a bus stop then there might be an argument, but I'm assuming that the bus was nowhere near the kerb, so she should have looked to make sure it was clear before getting off.

Mme.Hibou

Bus drivers aren't insured to let people off the bus when it's not at a designated stop.

A few years ago I was trying to cross a road, I thought it was just 2 lanes and caught the eye of a lorry driver who was stationary. He waved me across the road, I didn't look and went straight into a car.

I must have been asked 50 times if I was going to sue the driver of the car or the lorry driver.

I was like "errr no" I should have looked instead of relying on someone else and I was more worried the driver would sue me for damage to their car.

I still suffer from backpain, but I am always over cautious when crossing the road now.

It's a lesson learnt to her, hope her pain goes soon.

Savvy_Sue

MOVING THREADS FOR BETTER RESPONSES

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

And if I could just remind you to be nice to all moneysavers? Even if they're asking what you consider to be a stupid question, even if you worry about the future of our country when we follow American customs etc.

VK-2008

i would not say compensation was due, i would make a complaint to bus company if the driver is not pulling up appropraitaely excuse spelling - its late at nite lol

the bus driver shoudl have saw cyclist and cyclist shoudl have saw bus and the girl should have looked.

it was a wee bit of every1s fault it seems

when i made a claim and i ws in aan accident i went through injury lawers 4 u and i got 100 percent compensation i won but even if i lost i would not of had to pay - give them a phone and see what they say

Rainbow_Butterfly

No idea about whether compensation should be sought, but I have had the driver miss my bell quite a few times and then refuse to let me off until the next stop as they are not insured against anything happening if they stop anywhere other than at a bus stop.

Brooker_Dave

AnonyMo wrote: »

1) Is she eligible to claim compensation from TFL for the bus driver's errors which resulted in this accident?

Your sister got off with out looking and caused the accident.

Have you considered suing to council and the cyclist as well?

And what exactly does your sister need compensating for?

Brooker_Dave

AnonyMo wrote: »

Everyone at the scene blamed the bus driver

They would, cyclist undertakes bus, dopey girl steps off bus without looking.

Only person who didn't do anything wrong is bus driver.

Demand compensation!!!

irishjohn

As I read this I see that some people have made mistakes.

The bus driver mad a mistake by not stopping at the correct place when requested, but attempted to rectify her mistake by stopping before the next stop rather than have your sister have to walk back. That was breaking the rules but it was kind of her.

Your sister made a mistake - by assuming that, although the bus had stopped a distance from the kerb, that she could exit in the same way as she would at a regular marked bus stop where the bus would be right at the kerb and it would not be possible for a bicycle to pass between the bus and the kerb.

The cyclist made a mistake by not taking more care when the bus stopped out in the road but if it stopped quickly he may have already been too late to slow down and anticipate the door opening and a passenger leaving the bus in the middle of the road.

Mistakes carry consequences - the bus driver may be disciplined or worse, the cyclist has a damaged bicycle which will need to be repaired, and your sister has suffered minor injuries and some ongoing minor pain which hopefully will subside and leave her healthy and well again.

A compensation payment will not change any of these circumstances but if your sister has suffered financially as a result then she may wish to make a claim against whoever she considers to be at fault, and as the cyclist has suffered financially then he should do likewise. The bus driver - well she has not suffered - but she made a mistake and no doubt is regretting this - I am sure she is human like the rest of us.

How much do you think your sister should be awarded and by who? Once that final piece of information is in place I would be more than happy to give an opinion but as it stands - if I were pushed I would simply say its a no blame situation and no one should be pursuing payment.

sarahg1969

I don't see how the driver of the bus could be held to blame. If he'd stopped at the bus stop, surely the cyclist could still have ridden up the inside if he wanted to?

The accident wasn't caused by where the bus stopped (OK, he shouldn't have stopped outside a designated stop, but that did NOT result in the accident), but by a cyclist riding up the inside and by your sister not looking before she stepped off the bus.

The only ones who I can see might be to blame are your sister and the cyclist. If your sister decides to pursue the cyclist, he may decide to claim against her too.

She needs to put it behind her and get on with her life. A few bruises aren't going to cause her any long-term problems (and aren't worth much compensation anywa).