A personal injury lawyer in Calgary receives a lot of questions from their clients. One of them is: what is the difference between a traffic accident and a public traffic accident?
The differences will be explained in this article.
WHAT IS A TRAFFIC ACCIDENT?
It is any event that causes personal or material damage that involves at least one motor vehicle.
These accidents can be caused intentionally, that is when the driver wants to harm the property or even other people. But they are usually caused by human error.
Today, many people do not get enough rest or are under stress. Statistics show that these two factors are the main causes of accidents.
A traffic accident can involve personal injury and property damage. It may be a collision between a car and a pedestrian, or between two motor vehicles. These accidents must always involve at least one vehicle to be considered as such.
WHAT IS A PUBLIC TRAFFIC ACCIDENT?
It is an incident caused by a publicly owned vehicle or a vehicle that must follow public transportation regulations.
Unlike more general traffic accidents, a public traffic accident necessarily involves a public transportation vehicle.
Generally, these kinds of accidents have greater consequences because public transportation vehicles carry more passengers than a regular vehicle.
WHAT ARE THE DIFFERENCES?
The difference lies in four things:
• Vehicle ownership.
Traffic accidents involve all kinds of vehicles, but they become public traffic accidents when they involve at least one vehicle that is used in public transportation.
Said vehicle can be owned by the State or by a service associated with the State.
• The rules that govern it.
For a vehicle to be considered “public transport” it must follow the traffic regulations of public transportation.
For instance, a bus is a public transport vehicle because it can only pick up passengers at stops and must halt at them for this purpose.
On the other hand, if a taxi causes an accident, it is not considered “public transport” because it follows regular traffic laws.
• The damages.
Although it is difficult to measure, common sense says that public traffic accidents cause more damage than a regular traffic accident.
Public transportation vehicles carry more passengers than private vehicles and trucks, which is why more people are involved in the accident.
• Its origin
The incidence of reckless driving and drunk driving in public traffic accidents is minor.
This is due to the type of vehicle and because the driver of a public transport unit is especially qualified as a responsible driver.
IS IT POSSIBLE TO OBTAIN COMPENSATION AFTER HAVING SUFFERED A TRAFFIC ACCIDENT?
Yes, of course, it is possible. Most people who suffer a traffic accident are seriously injured, and this makes them deserving of compensation.
For example, according to the WHO, 50% of deaths in traffic accidents are pedestrians. Followed by bicycles, motorcycles, and cars (in that order).
The trend is simple. The lower the victim’s protection is, the greater their risk of suffering serious consequences. People who suffer serious consequences receive higher compensation.
It’s that simple:
Less protection > Greater injuries > Greater compensation.