The Haishu Court made a first-instance judgment according to the Consumer Rights Protection Law (hereinafter referred to as CRPL) on a case where a passenger was injured on a bus and sought compensation: Mr. Yu from Cixi was awarded nearly 230,000 yuan in substantial compensation.
After this case was reported by our newspaper (August 24, A10 edition), it drew widespread attention from the public. Many readers called our newspaper to inquire about how to seek corresponding compensation if they encountered similar situations. Yesterday, the reporter consulted lawyers and the Ningbo Consumer Rights Protection Committee in detail regarding this issue.
Reporter Zheng Zengguo
Many passengers are injured on buses but do not know how to protect their rights
Yesterday, Aunt Zhou, who lives in Qi'ai, Yinzhou, called to tell the reporter that two months ago, she was injured on a bus, damaging her teeth and cervical vertebrae, making it difficult for her to eat now.
The incident occurred on June 11 this year when Aunt Zhou was sending her young niece to a kindergarten near Wanda Plaza. "At that time, we were sitting on the back seat, and I was holding my niece's hand. Near Wanli University, after passing a traffic light, the bus obviously sped up," said Aunt Zhou. The driver suddenly applied two sharp brakes in succession; the first one made her niece cry, and the second one threw her out forcefully, causing her face to bleed profusely, and she fainted on the spot.
After discovering this, the bus driver immediately sent her to Yinzhou Second Hospital. The doctor found that one of her front teeth was damaged, and her cervical vertebrae were protruding. "It has been almost two months now, and neither my teeth nor my cervical vertebrae have healed," Aunt Zhou said. After reading the Jinbao newspaper, she learned that she could claim compensation under the CRPL.
However, Aunt Zhou said she still didn't quite understand how to claim compensation and what documents were needed. Similarly confused was Mr. Zhang, who lives in Luotuo, Zhenhai. His 28-year-old daughter was returning home from Ningbo on May 29 and passed a railway crossing. Due to the high speed of the bus, his daughter was thrown up, resulting in a secondary compression fracture of the spine. She is still lying in bed now.
In such disputes, the first step is to report the incident to the police to confirm the facts
So, what should passengers do when encountering such problems, and what should they pay attention to? Yesterday, the reporter contacted lawyer Li Zhibao, who was responsible for Mr. Yu's case.
Lawyer Li said that after being injured on a bus, the first thing passengers should do is call the police so that the traffic police can come and confirm the facts, obtaining an accident determination certificate or a similar fact certificate. Otherwise, there would be no basis for claiming compensation.
"Be sure to keep all hospital bills and related invoices and receipts, as they relate to the specific amount of compensation," Lawyer Li said. If the injury is severe, apart from nerve damage, a disability assessment should be conducted three months later at a judicial appraisal department. Only after conducting a disability assessment can one receive the one-time living allowance and disability compensation stipulated in the CRPL.
In addition, Lawyer Li reminded that these cases have a statute of limitations. For personal injury compensation, it is one year after discharge from the hospital or after the disability assessment. According to the CRPL, it is two years.
Consumer Association supports referencing the CRPL
A consumer relationship is established after buying a ticket on the bus
Regarding such cases being compensated under the CRPL, what is the opinion of the Consumer Protection Association?
Yesterday, the reporter went to the Ningbo Consumer Rights Protection Committee. Deputy Secretary-General Ms. Weng Yuezhen said that once passengers board the bus, a consumer relationship is established, purchasing the service provided by the bus company. Therefore, for injuries caused to passengers inside the bus due to the bus driver's reasons, the Consumer Protection Association believes that compensation should be made according to the CRPL.
Nowadays, incidents of passengers being injured inside buses occur from time to time. In response, the Consumer Association reminds that on one hand, for passengers, the elderly should try to avoid peak travel times, hold onto handrails while riding, and take protective measures. For children who have not yet reached full legal capacity, they should be accompanied by adults when taking the bus. On the other hand, for bus drivers, they should drive smoothly. If emergency situations arise, they can play in-car voice reminders to reduce the likelihood of such incidents occurring.