Background – Bus Passenger Injured Due to Negligent Driving
Several years ago, our client was travelling as a passenger on a privately operated bus when she was thrown violently to the ground after the driver negligently took a corner at excessive speed.
As a result of the incident, she suffered injuries to her back and knees, along with significant psychological trauma.
Serious Psychological Injuries Following the Bus Accident
Tragically, our client developed severe and ongoing psychiatric conditions, including:
- Post-traumatic stress disorder (PTSD)
- Severe depression
- Persistent flashbacks and nightmares
- A significant fear of travelling in motor vehicles
Before the accident, our client was a highly educated and dedicated registered nurse with an excellent employment history. At the time of the incident, she was on maternity leave and intended to return to her career shortly thereafter.
Unfortunately, due primarily to her psychological injuries, she has been unable to return to work and is unlikely to do so in the future.
CTP Claim Against the Bus Insurer
We pursued a motor accident compensation claim on her behalf against the Compulsory Third Party (CTP) insurer of the bus.
The insurer:
- Admitted liability for the negligent driving of the bus driver
- Accepted that our client suffered serious physical and psychiatric injuries
Her psychiatric condition was formally assessed as exceeding the 10% Whole Person Impairment (WPI) threshold, qualifying her for damages for pain and suffering (non-economic loss) under NSW law.
Impact on Her Life and Independence
The accident had a profound and lasting effect on our client’s life. She:
- Lost her independence and requires assistance from family members
- Is unable to drive and experiences anxiety when travelling in vehicles
- Struggles with daily tasks and caring for her young family
- Suffers ongoing psychological distress, including nightmares and flashbacks
- Is no longer able to participate in the workforce
Given the severity of her injuries and the impact on her life, we assessed her entitlement to compensation for pain and suffering as being towards the higher end of the statutory maximum.
Settlement Outcome – Substantial Lump Sum Secured
After obtaining detailed medical and factual evidence to support her claim, we entered into settlement negotiations with the CTP insurer.
The matter resolved with our client receiving a substantial tax-free lump sum, providing:
- Long-term financial security
- Support for her ongoing care and treatment
- Stability for her and her family into the future
After enjoying a long lunch with his work colleagues during the Christmas festive season, Jason was in the process of crossing the road in the CBD when unknown to him a bus driver who was very impatient decided to turn left into a street when mark was crossing the road.
There were other pedestrians still crossing the road, but the bus driver was impatient and could not wait and proceeded turning left in front of the other pedestrians who were crossing the road in the opposite direction.
Unfortunately, the bus driver struck Jason and did not realise he did so because there is no contest between a bus and a person.
After striking Jason the bus driver continued his left turn manoeuvre and drove a further 10 to 20 metres before bystanders caught his attention to stop the bus. He was then made aware that he had run over a pedestrian.
Jason was lucky to survive the terrible accident, but unfortunately, as a result of his injuries, both of his legs had to be amputated.
Jason was accepted into the Lifetime Care and Support Scheme and all of his future care and treatment needs will now be funded for life. Since following his extensive rehabilitation, Jason was able to demonstrate more heroism and return to full time employment, and following his return to work he has continued to excel in his field and receive a promotion just prior to his case resolving.
Jason was successful in resolving his case and received compensation for his pain and suffering and past and future loss of income.
Our client, who is now 68 years old, suffered an injury to her right knee, which was already arthritic, when she fell over in a bus which had braked suddenly, and for no good reason. The insurer admitted liability but disputed the fact that our client intended to work to age 70 and also refused to pay for knee surgery on the basis that our client had already suffered arthritis in her knee before the accident.
Our client was examined by various medico-legal specialists and the general consensus was that the accident caused a significant acceleration of our client’s pre-accident arthritis.
Our client is due to undergo a total knee replacement in the near future and the cost of this surgery and her post-surgery rehabilitation convalescence, were included in her claim.
Our client’s claim was settled for a very satisfactory sum at an informal settlement conference with the insurer.
Anna was an elite water polo player destined to represent Australia in the Olympics. Unfortunately her dreams evaporated in April 2008 when her car collided with a bus at an intersection within the Olympic Stadium precinct.
She suffered serious orthopaedic injuries and significant psychological problems.
The insurance company for the bus, whilst admitting the bus driver was at fault, accused Anna of 75% contributory negligence because she was speeding and went through an amber light.
Anna has no memory of the accident but an independent witness confirmed that she was driving over the speed limit and accelerated through the intersection after the lights turned amber. This case was settled at an informal settlement conference on the basis that Anna’s contributory negligence was 45% and for a very considerable sum.
Sonya was injured when the bus she was traveling in drove over a bump on the road very quickly, causing her to become momentarily airborne and then landing heavily on her seat. She felt immediate pain in her low back. At the time of the accident it was Sonya’s intention to commence working full-time, as she had just completed her studies. However, as a result of the accident, Sonya has only been able to cope working part-time. Although Sonya suffered from long-standing scoliosis, we were able to argue that she was asymptomatic before the accident, and that the onset of her symptoms were caused by the accident. We settled for a reasonable sum.
