Here in the United States, we are fortunate to have good laws governing the safety requirements and inspection regulations of public transportation. Our trains, planes, buses, trolleys and, in some states, taxis and limousine service vehicles, are subject to stringent laws that keep common carriers, or public transportation travel, safe for our use.
Organizations like the National Transportation Safety Board (NTSB) and the National Highway Traffic Safety Administration (NHTSA) work to keep us safe in our travels.
But sometimes, accidents and injuries can occur through neglect, oversight, or carelessness. The recent derailment of the AMTRAK Cascades train in Dupont, WA on Dec.18, 2017 illustrates how not only the train’s passengers and crew were affected, but also people in the cars or trucks on the road below the derailment.
Common Carrier Law
“Common Carrier” is an old-fashioned legal term that refers, broadly, to public transportation.
Should you be involved in an auto accident with a common carrier, or a passenger accident while traveling on public transportation, it is important to remember that common carriers are held to a higher degree of care than the average person – they are expected to keep us safe.
However, liability in such cases depends on the injured person’s ability to prove negligence, and they must prove that the company in question was negligent in providing that higher degree of care and a safe travel environment.
Things to Remember
Special laws will apply to common carriers who are municipal or state agencies. These laws are called State Tort Claims Acts and claims filed against a carrier must follow these laws. Usually, there is a short deadline of six months or less to notify the common carrier that someone has been injured and another deadline to actually file the lawsuit.
These rules vary from state to state. Also, there is a cap or limit for the dollar amount of claims against public transportation companies.
Finding a Personal Injury Lawyer
Are you looking for a personal injury lawyer to handle a common carrier injury case? In Missouri, the law firm of Tolbert Beadle LLC is the leading personal injury lawyer. Our law firm has successfully handled cases with our experienced motorcycle accident lawyers, workers’ comp lawyers, auto accident lawyers, and personal injury lawyers.
We can fulfill your personal injury lawyer needs. Call us today or visit our website and use our simple Live Chat feature now to get started.