Reported in the news today were two individuals injured by bricks being thrown at them by another occupant of the bus. Unfortunately, injuries occurring on the TTC vehicles or property seems to be more prevalent.
As of 2011, section 268 (1.1) of the Insurance Act prevents injured passengers from receiving accident benefits when there is no collision, referred to as the “no crash, no cash” rule. Accident Benefits provide accident victims with various benefits such as for treatment and lost income among other things.
Despite the lack of accident benefits, individuals that sustain injury as a result of negligence caused or contributed to by the TTC still have a right to sue for personal injury. In the case of the passengers that had bricks thrown at them while on the bus, a successful lawsuit for personal injury will require an examination of whether the incident was “reasonably foreseeable” and whether the TTC bus driver or TTC generally could have or should have done more to prevent this type of incident from occurring.
At present, there is little known about the details surrounding this terrible incident and hopefully, the injured passengers have a speedy recovery.
