If you were hurt on public transit in Ontario, understanding bus injury compensation and your claim can feel overwhelming.
You might not know how the process works, how long it will take or how much compensation you could receive.
At WVGB Law Group, we’ve handled hundreds of serious injury cases across Ottawa and Eastern Ontario including bus injuries.
We’ll go over everything you need to know; from injury types to settlement amounts, benefits eligibility, and your next legal steps.
Common Causes of Bus Injuries
Many people assume a bus injury only happens in a crash, but that’s not always true. In Ontario, injuries can also happen without any vehicle collision. If a bus brakes too quickly, accelerates suddenly, or has unsafe stairs or entryways, passengers may suffer serious falls.
Double-decker buses can also pose unique risks when navigating staircases, especially in transit-heavy areas like Ottawa.
If the injury occurred while boarding or exiting, the case may involve occupier’s liability, especially if the steps were icy, broken, or poorly maintained.
Common Injuries from Bus Accidents
Injuries on public transit are often similar to car accident injuries but can be intensified due to the lack of seatbelts or airbags.
At our firm, we frequently see whiplash, spinal trauma, concussions, and fractures from seemingly minor impacts.
Even a sudden jolt can cause someone to hit a pole, window, or seat corner with full force.
These aren’t always visible at first. Injuries like chronic pain or concussions may take time to develop and you’ll need legal support to prove their impact.
What Is the Average Bus Injury Compensation?
There is no consistent average for bus injury compensation as every case has unique factors which can impact the compensation amount.
From our experience most of the injury cases we see typically have compensation above $100,000.
However, it is entirely possible for these valuations to be much lower and also exceed over $1 million for more serious injuries.
Important note: Any past results and valuations are not indicative of future results. We do not recommend using previous cases to estimate your valuation. We also do not provide estimates as it’s nearly impossible to provide an accurate valuation. For minor soft tissue injuries, the compensation value might be lower and in more serious or catastrophic injury cases; especially involving permanent disability or the inability to return to work, compensation can rise significantly.
What Factors Affect Bus Injury Settlement Amounts?
The two most important variables are the severity of your injuries and your loss of income.
Courts and insurers also examine how long your recovery takes, whether you’re able to return to work, and the overall cost of your care (rehabilitation, equipment, future treatment).
Pain and suffering, called “general damages”, is capped in Ontario, with a rough maximum of $450,000 for the most serious injuries, but not every claim will reach that ceiling.
Be aware that if your general damages fall below a certain amount, Ontario applies a statutory deductible, which can reduce your award.
You can read more in our article on general damages and deductible thresholds.
Types of Compensation You Can Get for a Bus Accident
If you’re eligible, your compensation may include:
- General Damages (Pain and Suffering): Covers the physical and emotional impact of your injuries, including pain, mental distress, and reduced quality of life.
- Loss of Income: Provides compensation if your injury prevents you from working, either temporarily or permanently. Future earning potential may also be considered.
- Medical and Rehabilitation Costs: Includes expenses for physiotherapy, chiropractic care, massage therapy, occupational therapy, and other treatments not fully covered by OHIP.
- OHIP Subrogated Claims: If OHIP pays for services like hospital visits or x-rays, the province can recover those costs from the at-fault party. These amounts are included in the settlement but go directly to OHIP—not the claimant.
- Future Care Costs: If you need long-term support due to a serious injury, you may receive compensation for anticipated medical equipment, home modifications, or personal care assistance.
- Out-of-Pocket Expenses and Interest: You may also be reimbursed for incidental costs like transportation, medication, or assistive devices. In some cases, interest may be added to your damages award.
These amounts can be pursued through a tort claim against the municipality or bus company, and in some situations, alongside statutory benefits from your insurer or the bus operator.
Steps to Take After a Bus Accident Injury
Immediately after the accident, you should focus on your health.
Seek medical care right away even if you think the injury is minor.
Next, try to gather witness contact information, take photos, and report the incident to the bus operator.
If the bus is city-operated, such as OC Transpo, notify the municipality in writing as soon as possible.
Time is crucial. In non-collision incidents, you may lose access to accident benefits if you don’t report quickly. We break down the deadlines and legal notice requirements in our article on Ontario limitation periods.
Once that’s done, speak with an Ottawa bus injury lawyer to understand your rights and whether the accident qualifies for a claim.
How to Maximize Your Bus Accident Claim
Many injured riders miss out on the full value of their claim by failing to collect proper documentation or by settling too quickly.
Having an experienced personal injury lawyer ensures you’re making claims for all losses; past, present, and future.
Our legal team uses transit system records, eyewitness accounts, video surveillance, and internal maintenance logs to prove that negligence occurred.
In Ontario, bus operators are held to a high standard of care, and they must anticipate passenger safety needs. That’s especially important in cases where no vehicle collision occurred, which can complicate legal arguments around fault.
If you were injured due to another driver hitting the bus, you may also want to read our resource on determining fault in Ontario.
Do I Sue the City for a Bus Accident Claim?
Yes, you do. If the bus was operated by a municipal system. In cases involving OC Transpo, TTC, or other public services, the claim is brought against the city or municipality that operates the transit system. Private bus operators may also be named, depending on the situation.
Each city has its own administrative procedures, but the legal framework remains consistent across Ontario.
How Does a Bus Accident Claim Differ From a Car Accident Claim?
The main difference lies in the statutory accident benefit eligibility.
In Ontario, car accident victims automatically qualify for benefits. But in bus accidents; if there’s no collision you may be excluded from those benefits.
Additionally, buses are considered common carriers, meaning they’re held to a higher legal duty of care. That makes proving negligence slightly easier, but it also increases the importance of detailed documentation. For more info on differences between claim types, visit our article on car accident compensation.
Examples of Bus Accident Cases in Ontario
2013 OC Transpo–Via Rail Crash (Ottawa)
In one of Ontario’s most devastating transit accidents, an OC Transpo double-decker bus collided with a Via Rail train near Barrhaven in 2013. The crash killed six people and injured more than thirty. A total of 39 civil lawsuits were filed. By January 2019, 35 of them had settled, resulting in $9.7 million in compensation paid by the City of Ottawa and its insurers.
This case underscores the legal and financial responsibility transit authorities can face when their systems fail to protect the public.
Source: Wikipedia – 2013 Ottawa bus–train crash
2019 OC Transpo Westboro Station Crash (Ottawa)
In January 2019, another fatal OC Transpo crash occurred when a double-decker bus struck a transit shelter at Westboro Station, killing three passengers and injuring 23 others. By 2024, the City of Ottawa confirmed that at least $5.6 million in settlements had already been paid to victims and families. Additional lawsuits are ongoing, and costs are expected to rise.
The crash prompted major changes in OC Transpo training, route protocols, and public transparency.
Source: CBC News – Ottawa bus crash costs taxpayers $5.6M in lawsuits so far
We’ve also helped clients recover substantial settlements in city bus incidents involving fractured bones, concussions, and long-term disability; cases often similar in value to slip-and-fall claims on public property.
Strategies a Bus Injury Lawyer Might Use
Your lawyer will begin by gathering all evidence proving the injury occurred and was due to bus operation. This can include witness statements, transit footage, operator logs, and your medical records.
In cases with no direct impact, it’s essential to show that the bus operator’s conduct was negligent; such as sudden braking, poor maintenance, or unsafe stair conditions.
To understand how these elements interact, we recommend our deep dive into negligence in Ontario personal injury law.
Can I Apply for Statutory Accident Benefits?
Yes, but only if there was an actual collision involving the bus.
Ontario’s “no crash, no cash” rule means passengers injured from a sharp stop or fall without impact may be excluded from accident benefits under the SABS.
If there was a collision a lawyer can help submit the necessary OCF forms to ensure your benefits are processed correctly.
Do OC Transpo Claims Differ from Other Ontario Systems?
Legally, no. While each transit system has internal processes, your right to compensation under Ontario law remains the same across municipalities. Whether you’re hurt in Ottawa or Toronto, we follow the same legal steps to hold the city accountable.
Are Witnesses Easier to Find in Bus Accidents?
Yes. Unlike car accidents, bus injuries often happen in full view of multiple uninvolved passengers. These neutral witnesses can dramatically strengthen your case; especially if the bus operator disputes fault.
Try to collect their names and contact info at the scene if you’re able. This can make the difference between a denied and a successful claim. If you’ve been injured by a bus and need an injury lawyer in Ottawa, you can contact our team to see if we can help.
Tel: (613) 505-5025
Fax: (613) 234-5852
2571 Carling Ave #200
Ottawa, ON
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