Thousands of people use buses, trains, the DART, and the Luas across Ireland every day. Public transport is generally safe, but accidents do happen, and they can result in injuries that affect your health, your ability to work, and your daily life. If you have been injured while using public transport, or as a pedestrian or cyclist involved in an incident with a public transport vehicle, you may be entitled to compensation. At Michael Boylan Litigation, we support clients through every stage of the claims process.
The Duty of Care Owed to Passengers
Public transport operators in Ireland owe a duty of care to every passenger. This means they are legally required to take reasonable steps to ensure your safety while you are using their services. This duty covers the condition of vehicles, the standard of driving, the maintenance of stations and stops, and the training of staff.
The main public transport operators in Ireland include:
Dublin Bus and Go-Ahead Ireland: Operating bus services across Dublin and surrounding areas.
Bus Éireann: Providing bus services outside Dublin, including Expressway and city services.
Iarnród Éireann (Irish Rail): Operating intercity, commuter, and DART services.
Transdev: Operating the Luas tram system in Dublin.
If an operator breaches their duty of care and you are injured as a result, you have the right to make a claim. Your claim is made against the operator responsible, and their insurer will typically handle the response.
Bus Accident Claims
Bus injuries are among the most common public transport claims in Ireland. Accidents can happen in a number of ways:
Sudden braking or acceleration: If the driver brakes sharply or pulls away before you have taken your seat, you can be thrown forward or fall, causing injuries to your back, shoulders, or head.
Slips, trips, and falls: Wet floors, uneven surfaces, or debris on the bus can cause you to fall, particularly when boarding or alighting.
Door injuries: Being caught by closing doors can cause crush injuries to hands, fingers, or arms.
Collisions: If the bus is involved in a collision with another vehicle, passengers can suffer a range of injuries from whiplash (a neck injury caused by sudden jerking of the head) to fractures and head injuries.
Falls while boarding or alighting: Steep or poorly maintained steps, or a gap between the bus and the kerb, can cause falls resulting in fractures or soft tissue injuries.
For more information about these claims, please refer to our Bus Accident Claims page.
Train and DART Accident Claims
Injuries on trains and the DART (Dublin Area Rapid Transit) can occur both on board and at stations and platforms:
Sudden stops or jolts: An unexpected stop can throw passengers from their seats or cause standing passengers to fall, leading to injuries such as fractures, sprains, or head injuries.
Door incidents: Train and DART doors can close on passengers, causing injuries to hands, arms, or shoulders.
Platform accidents: Wet, uneven, or poorly maintained platforms can cause slips and falls. Gaps between the train and the platform edge are a particular hazard.
Escalator and stair injuries: Faulty escalators or poorly maintained stairways at stations can cause falls.
Objects falling from overhead luggage areas: Unsecured luggage or equipment can fall during transit, causing head or shoulder injuries.
Iarnród Éireann is responsible for the safe operation of trains and DART services, as well as the maintenance of stations and platforms.
For more information about these claims, please refer to our Train/Dart Accident Claims page.
Luas Accident Claims
The Luas tram system carries tens of thousands of passengers daily in Dublin. Common Luas injuries include:
Falls caused by sudden braking or swerving: Standing passengers are particularly vulnerable, and a sudden stop can cause falls resulting in injuries to the back, wrists, or head.
Boarding and alighting injuries: Trips on the platform edge or in the gap between the tram and the stop.
Collisions with pedestrians, cyclists, or vehicles: The Luas shares road space with other traffic in parts of Dublin, and collisions at junctions and crossings are a known risk.
Station and stop injuries: Slips on wet surfaces, uneven paving, or poorly maintained stops.
Transdev, the operator of the Luas, is responsible for the safety of passengers on board and at Luas stops.
For more information about these claims, please refer to our Luas Accident Claims page.
Pedestrian and Cyclist Injuries
You do not need to be a passenger to make a claim. If you are a pedestrian or cyclist who has been injured by a public transport vehicle, you may also be entitled to compensation. Common scenarios include:
Being struck by a bus at a junction, crossing, or bus stop.
Being hit by the Luas at a road-level crossing.
Collisions with taxis operating as public transport.
In these cases, the claim is made against the driver and operator of the vehicle. Your solicitor will identify the correct parties and handle all communication with their insurers.
For more information about these claims, please refer to our Pedestrian and Cycling Accident Claims pages.
What to Do After a Public Transport Accident
Taking certain steps after an accident can make a significant difference to the strength of your claim:
Seek medical attention: Your health is the priority. Even if your injuries seem minor, having them assessed and recorded by a doctor creates an important medical record that supports your claim.
Report the accident: Report the incident to the driver, station staff, or the operator as soon as possible. Ask for a copy of the incident report if one is completed.
Collect evidence: If you are able to, take photographs of the accident scene, including any hazard that caused your injury (wet floor, broken step, gap between platform and vehicle). Note the time, date, route number, and location.
Get contact details of witnesses: Other passengers or bystanders who saw what happened can provide valuable evidence.
Request CCTV footage: Most buses, trains, DART carriages, and Luas trams have onboard CCTV. Stations and stops may also have cameras. You or your solicitor can request this footage under GDPR Article 15 (your right to access personal data). It is important to do this promptly, as CCTV footage is typically retained for only 14 to 30 days before being overwritten.
Keep records: Retain all medical receipts, prescription costs, travel expenses, and any other costs related to your injury.
For more detailed guidance on preserving evidence, see our page on Evidence in Personal Injury Claims.
Contributory Negligence in Public Transport Claims
In some cases, the operator may argue that you contributed to your own injury. This is known as contributory negligence. For example, if you were standing when seats were available, not holding a handrail, or using your phone and not paying attention to your surroundings, the other side may argue that your compensation should be reduced.
However, contributory negligence does not prevent you from claiming. It may reduce the amount of compensation, but the operator still bears responsibility for any breach of their duty of care. Your solicitor will assess the circumstances and advise you on how this may affect your claim.
The Claims Process
Public transport personal injury claims in Ireland follow the same general process as other personal injury claims:
Your solicitor gathers medical evidence and documents your injuries and financial losses.
The claim is submitted to the Injuries Resolution Board (IRB) for assessment.
The IRB proposes a compensation figure, which both you and the operator can accept or reject.
If either party rejects the assessment, your solicitor can issue court proceedings on your behalf. For more detail on this step, see our page on Transferring from IRB to Court.
Most public transport claims are resolved without a full court hearing, either at the IRB stage or through pre-trial settlement. Your solicitor will guide you through each step and advise you on the best approach for your case.
Frequently Asked Questions
Can I claim if I fell on a bus because I was standing?
Yes. The bus operator has a duty of care to drive safely and to avoid sudden movements that could injure passengers, whether seated or standing. If you were standing because no seats were available, or if the driver pulled away before you had a chance to sit down, the operator may be at fault. Contributory negligence may be considered, but it will not prevent you from making a claim.
Who do I claim against for a Luas accident?
Your claim is made against Transdev, the company that operates the Luas on behalf of Transport Infrastructure Ireland. Their insurer will handle the claim. Your solicitor will identify the correct respondent and manage all communication.
What if my injury happened at a station or bus stop, not on the vehicle?
You can still claim. Transport operators are responsible for the safety of stations, platforms, and stops, including the condition of surfaces, lighting, and equipment such as escalators. If your injury was caused by a hazard at a station or stop, the claim is made against the operator or, in some cases, the local authority responsible for maintaining the area.
How long do I have to make a claim?
In Ireland, the general time limit for personal injury claims is two years from the date of the accident. It is advisable to seek legal advice as early as possible so that evidence can be preserved and the claim can be prepared thoroughly.
What compensation can I receive?
Compensation in a public transport claim covers both general damages (pain, suffering, and loss of enjoyment of life) and special damages (financial losses such as medical bills, travel costs, care expenses, and loss of earnings). The amount depends on the nature and severity of your injuries and the impact on your life.
Get in Touch
At Michael Boylan Litigation, we have extensive experience in handling personal injury claims arising from public transport accidents across Ireland. We understand the practical and emotional impact of being injured on a bus, train, DART, or Luas, and we are committed to making the claims process as straightforward as possible. If you have been injured on public transport and would like to discuss your situation, please contact us today.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
