What Is The Rule

[TWR]

There's no Seat's left on your form of Transport, Buses , train's, standing room only, the transporting Vehicle comes to a sudden braking motion & passengers are injured, how do you stand regards Negligence? can you sue the Transporter?

[factor-fiction]

And could the seated passengers sue because they weren't given a seatbelt.
I think the answer is no but maybe there will be some claims in future that will succeed and so lead to people being refused entry to the bus/train /tram when all seats are full.

[EDDIE51]

If it is a crash you can claim for injury on their insurance.
I would think you have a claim if there was negligence.

[EDDIE51]

FF , coach passengers do have seat belts now and are required to use them.

[factor-fiction]

I assume TWR is referring to negligence by allowing people to stand up. If there is negligence by the driver/train company - for example by slamming on the brakes unecessarily then that's a different issue

[factor-fiction]

Yes, Eddie but TWR was referring to buses and trains. I don't think Black Cabs have seat belts either do they, which seems odd

[bhg481]

Buses clearly state how many standing passengers they are allowed to carry. (downstairs only on double deckers).
A little whiole ago we were on a bus which had to brake sharply because a car cut it up - that wasn't negligent. No collision, thanks to the bus driver, so the car didn't stop. The bus did and the driver checked his passengers were all OK.

[bhg481]

You see people on TV programmes in the back of black cabs wearing seatbelts. You also see them NOT wearing the belts, which is illegal.

[Fitzer]

Black cabs in London have had seat belts for years and signs telling people to use them, whether one does or not is up to the passenger.

[EDDIE51]

Black cab drivers are still allowed to drive without seat belts,a throwback to the days when cabs were horse drawn. Ludicrous but true.

[Fitzer]

Eddie, all cab drivers, frequent stop van drivers and others are allowed to drive without seat belts, the idea being that the nature of their driving means they'd be forever putting the belt on and off. 'Nowt to do with horses :-)

[RATTER15]

Taxi drivers are not required to wear a seatbelt

[EDDIE51]

Fitzer ONLY licensed ' Hackney Carriage Drivers' can drive without seat belts.
Minicab drivers and part time drivers have to wear seat belts at all times.
Frequent stop drivers are exempt but only while actually delivering.

[dave50]

How can it be negligence? It's attitudes like this that will eventually result in nobody being allowed to stand on buses or trains.

[Buenchico]

There have been several studies into the safety of standing passengers on trains. They have all concluded that there's no significant additional risk to standing than to being seated and that having passengers 'packed in like sardines' actually reduces the risks of death or serious injury in the event of an accident.

[New Judge]

No Eddie, as Fitzer says, it's now't to do with horses (seat belts were not around when the last horse-drawn cab ran).

The drivers of licenced Hackney Cabs (i.e. "Black Cabs") were granted dispensation from the seat belt laws on the basis that their position in their cab makes them vulnerable to being attacked by a passenger from behind and if belted it would hinder their defence or escape. Of course the same can be said of "mini-cab" drivers but the dispensation only applies to Hackney Cabs.

[SirOracle]

Just to add to NJ 's explanation,the justification for a Black Cab driver being exempt from wearing a seat belt is that he/ she is picking up fares on the streets which a private hire car is not allowed to do.

These are NOT taxis nor are their drivers taxi drivers. These mini cars are only permitted to legally obtain fares via their booking office,and consequently some details of the fare are known(eg at least the pick up address).

[bhg481]

Less than a week after this dicussion was started I came across this:

http://travel.aol.co.uk/2015/02/25/bus-passenger-suing-punctured-lung-driver-braked/?ncid=webmail22

[joko]

depends why they brake i'd think - bad driving or no choice

you also have the option not to ride on a bus etc if there are no seats - you could wait for the next one.
you are also expected to hold onto the bars and steady yourself.