When Can a Bus driver be Sued In Negligence?

In this week’s case (Spanish Supreme Court judgment 19/09/2011), a Plaintiff was awarded 54.269 for damages for injuries he sustained while on an urban bus.

The Plaintiff was injured when he was thrown to the floor of a bus as a result of the driver’s sudden braking.  The key facts and the law surrounding this finding were summarized and applied by the Lord justices as follows:

The plaintiff boarded a bus and was on her way to her seat when “the driver pulled into traffic in an abrupt motion“. The Plaintiff fell and the driver then “abruptly braked“.  The Plaintiff’s hip was fractured in the incident and she also suffered “scapulohumeral periarthritis”. Despite having required surgical treatment, she was left with permanent restrictions in mobility.

The plaintiff claimed a double compensation, one from the civil liability insurance of the vehicle or C.L.I (in Spanish “seguro de responsabilidad civil del vehículo”), plus another compensation from the compulsory travel insurance or C.T.I (in Spanish “seguro obligatorio de viajeros”).

Both defendants denied liability, but the Supreme Court ruled that the two compensations are compatible since they were two insurances of a totally different nature. The first one derived from the activity of the driver while the C.T.I is a personal travel insurance for every passenger.

The Court went on -to assess pecuniary and non-pecuniary damages and found an appropriate quantum of damages to compensate the claimant the following:

27.300 damages, (including her pain and loss of enjoyment of life), from the C.L.I and 26.969 damages from the C.T.I

Therefore, do always remember to keep your bus ticket all the time until your destination is reached!

How Can “Ricor Abogados” Help you?

We fully understand the difficulties that can arise after suffering an accident. We realize the struggle a lot of foreign victims may face in trying to recover compensation for their losses in Spain, not to mention the language barrier. Moreover, there are specific rules and regulations that can even further complicate insurance claims and the recovery of additional damages, such as pain and suffering, in cases of severe injury or death. Subsequently, to help ensure you receive full compensation for your losses, it is important to contact a Solicitor who is well-versed in these complex matters, like our Law Firm. We have a history of success handling cases of medical malpractice, automobile accident cases, etc and we can help ensure your rights are fully protected.

Therefore, if you might have been in a car accident and are unsure of your next step, please do not hesitate to contact our law firm and we will be glad to determine your chances of success and whether you can file a claim for damages against the party at fault for the accident or injury.

Thank you very much for your attention and we look forward to helping you and the benefit of our “know-how”.

Kind regards

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