What happened?

In June 2022, an elderly lady suffered serious injuries while being transported in a private ambulance. She had been travelling from an eye examination back to her care home when the incident occurred.

The lady was seated in her wheelchair, which had been secured into the rear of the ambulance by an employee of the transport provider. During the journey, the driver was forced to brake suddenly to avoid a collision. As a result, the lady fell forward out of her wheelchair and sustained catastrophic injuries.

Despite being restrained with a seatbelt from the ambulance, there was no lap belt on the wheelchair itself. It appears that during the sudden braking, the lady slipped out from underneath the belt – a phenomenon commonly referred to as “submarining”.

She was taken to hospital but, tragically, passed away three days later.

The injuries and medical findings

The injuries sustained were severe and traumatic, including:

• A fractured right lower femur
• A fractured left lower tibia
• A fractured left lower fibula

It would appear that these injuries caused a profound and sustained drop in blood pressure leading to organ failure and, ultimately, to her death.

The legal duties involved

This case raises important issues about the legal duties owed to passengers, particularly elderly and vulnerable individuals, during private ambulance transport.

Under UK law, transport providers owe a duty of care to take reasonable steps to ensure the safety of their passengers. This duty arises under the common law of negligence and is reinforced by several statutory frameworks, including:

• The Health and Safety at Work etc. Act 1974, which requires employers to ensure, so far as reasonably practicable, the health and safety of employees and others affected by their activities.
• The Road Traffic Act 1988, which governs safe use of vehicles on public roads.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER), which require equipment used at work – including restraint systems – to be suitable and properly maintained.

In addition, industry standards such as BS EN 1789 (relating to medical vehicles) and ISO 10542 (wheelchair tie-down and occupant restraint systems) provide guidance on how wheelchairs and passengers should be safely secured during transport. While not legislation in themselves, these standards are often relied upon when assessing whether reasonable care has been taken.

Claims following a death

Where a person dies as a result of alleged negligence, the law allows claims to be brought under:

• The Law Reform (Miscellaneous Provisions) Act 1934, on behalf of the deceased’s estate, for pain and suffering and other losses prior to death; and
• The Fatal Accidents Act 1976, which allows certain dependants to claim for the financial and emotional impact of their loss.

In this case, court proceedings were issued against the defendant transport provider. Following the commencement of litigation, it was possible to reach a settlement, avoiding the need for a full trial.

Why this case matters

This tragic incident underlines the importance of proper risk assessment, staff training, and the use of appropriate restraint systems when transporting wheelchair users. Vulnerable passengers rely on professionals to keep them safe, particularly in environments where sudden movements or emergency manoeuvres may occur.

For families, it is also a reminder that where something has gone wrong, the legal system can provide a route to answers, accountability, and compensation.

If you or a loved one has been affected by an incident during medical or care-related transport, specialist legal advice can help you understand your rights and the options available.