Public Transportation Accident Injury Claims

As the use of public transportation increases, so do the accidents and injuries associated with it. Hundreds or people are seriously injured every year on public transportation, also known as “common carriers”. Common carriers are companies or systems that carry passengers as part of a business operation open to the public. These may include:

• Buses (including school buses)
• Limousines and taxis
• Trains - including light rail systems and subways
• Airplanes
• Trolleys
• Cable cars
• Boats and cruise ships
• Airport Shuttles
• Moving walkways
• Elevators
• Ski lifts
• Amusement park rides

Accident and Injury Fault on Public Transportation

Accidents involving buses seem to occur daily as the highways are packed with traffic and road accidents can happen in an instant. These accidents can also be due to faulty equipment, poor maintenance or driver negligence. Common carrier accidents can happen for a number of reasons including:

• Poor driver training
• Inadequate discipline of reckless drivers
• Driver fatigue
• Improperly maintained and decaying equipment
• Improperly maintained infrastructure

Under the law, employees are agents of the common carrier and the business can be held liable for the negligence of its agents. Carriers are required to properly train their employees, supervise their work, and discipline or terminate drivers and operators who do not perform their work responsibly.

When traveling on a train, track-signal problems are common causes of accidents. If traffic signals are down or wired wrong, a train can collide either with another train, a pedestrian or a car. This can lead to derailment, which can cause serious injury and even death.

All public transportation carriers have a legal responsibility to ensure safe and secure conditions for their riders. These common carries can be held liable for assault injuries resulting from insufficient security. In addition, all operators are required to report all observed incidents of crime immediately to the police.

Liability of Public Transportation

Common carriers are required by law to use the highest degree of care to ensure the safety of passengers and the public. They are held to a higher duty than that of a normal motorist. As part of this heightened standard of care, they owe many duties to their passengers that include:

• To safely transport passengers to their destinations
• To provide a safe place for passengers to enter and exit the vehicle
• To take reasonable steps to protect passengers from harm, including harm by other passengers
• To provide safe vehicles and maintain the safety of those vehicles
• To hire qualified employees and properly train those employees

When a carrier fails to uphold its duties and people are injured, they can be held legally liable for any injuries or wrongful deaths that result due to their negligence.

Filing a Claim and Recovering for Damages

Public transportation accident cases may involve filing a claim against drivers, transportation companies, municipalities and the government. In many public transportation accidents, the victim may be required to file a notice of claim within a certain timeframe. Most personal injury lawsuits have a statute of limitations in which a lawsuit can be filed. These typically range from one to three ears depending upon that state where the incident occurred.

Help from a Personal Injury Lawyer

If you have been injured in an accident involving public transportation, you may be entitled to seek compensation for the pain and the physical, mental and financial suffering that you have experienced. It is important to speak with an experienced attorney who can evaluate your case and make legal recommendations.