On Friday 10 April, reports emerged of a serious bus crash on the island of La Gomera in the Canary Islands. A bus carrying British tourists left the road and plunged into a ravine on the GM‑2 highway near San Sebastián de La Gomera. Tragically, at least one passenger has been killed, with a number of others seriously injured.
Stewarts partners Scott Rigby and Chris Deacon outline some of the key preliminary legal questions families may have following an incident of this nature.
La Gomera bus crash: what happened?
As details continue to emerge, Spanish emergency services have confirmed that the incident occurred on a mountainous stretch of road. Investigations are ongoing, and the precise cause of the crash has not yet been formally established.
What legal rights do injured passengers have after a bus accident in Spain?
Spanish law requires buses and coaches to carry compulsory motor insurance, allowing injured passengers to bring claims for compensation for injuries against the operator’s insurer where negligence is established.
Can British tourists claim compensation after a bus crash abroad?
British residents injured in road traffic incidents abroad, including Spain and the Canary Islands, can pursue compensation claims following their return home without needing to remain overseas during their recovery.
In certain circumstances, it may be possible to bring a claim in the English courts, even when Spanish law applies.
Compensation can include damages for pain and suffering, medical treatment, rehabilitation, loss of earnings and future care needs.
The rules for assessing damages in fatal and serious injury road traffic claims in Spain and the Canary Islands are set out in what is called the Baremo. This is a complex set of rules, requiring specialist representation to navigate and ensure the best possible outcome for the dependents of the deceased and the victims and families of those seriously injured in the bus crash.
What if the bus journey was part of a package holiday or excursion?
Reports suggest the bus passengers were returning from a holiday with The Holiday Property Bond, a specialist UK tour operator. The bus transfer was provided by a local supplier, La Gomera Tours. Where transport forms part of a package holiday, injured passengers can bring their claims directly against the UK tour operator in the English courts under the Package Travel Regulations. English law will usually apply where the injured person, their family and the tour operator are based in England.
Tour operators can be held responsible for death or injury caused by the negligence of the companies they use to provide services within a package holiday, including any local transport providers in La Gomera.
Depending on how the excursion or bus journey was arranged, it may also be possible to bring a claim in England directly against the excursion/transport provider and their insurer.
Why specialist legal advice matters after an overseas bus crash
International accidents involve complex issues of jurisdiction, insurance and liability, and applicable law, requiring specialist expertise to secure the best rehabilitation, recovery and long-term outcomes.
For those seriously injured while travelling abroad, specialist legal advice can make a decisive difference.
Stewarts’ International Injury team has extensive experience acting for British nationals injured in bus and coach incidents overseas, including high‑value and catastrophic injury claims. We can advise on claims against overseas insurers, UK tour operators and package holiday providers, helping you return home while your legal rights are protected.
Telephone: +44 (0)20 3535 3535
Email: internationalinjury@stewartslaw.com
