Bus / Train / Plane Accidents
The Federal government has created few regulations as to the liability of common carriers to passengers injured while using a common carrier. In most situations, individual State law applies in determining whether a common carrier is liable for personal injuries. Amongst most states, the general rule is that a common carrier may be liable for personal injuries to passengers. A common carrier is generally required to use the highest degree of care, diligence, and vigilance in the transport of its passengers to the appropriate destination. The carrier must have the necessary equipment and a reasonable degree of skill to carry out the transportation of passengers.
Depending upon State Law, some states have regulations stating that while a common carrier is not responsible for absolutely insuring a passenger's complete safety, the carrier owes a high degree of care to its passengers. Generally, the carrier is responsible for injuries sustained by a passenger during transportation that could have been avoided if the carrier had used better care or diligence. Basically, the carrier must act as a very cautious person would do so in operating their transportation services. There are exceptions or mitigating circumstances to these rules, such as, assumption of risk or warnings provided by the carrier. An attorney should be contacted for further information.
Depending upon State Law, if a personal injury occurs due to the carrier's noncompliance with safety laws, the carrier may be found to have absolute liability for personal injuries. Also, a common carrier may have a duty to warn its passengers of dangers that exist in transport and that are known to the carrier, such as, standing in an aisle when the carrier knows a passenger is likely to be jerked or thrown off their feet."
If a passenger reasonably could see that such a problem may occur, the carrier may not be liable or may be subject to only partial liability. A Personal Injury Lawyer should be contacted for further information and to determine the exact state law to be applied.
