El Transporte Público
Have you been injured or a loved one died while on a public transportation vehicle or premises?
If you’ve been injured while on premises of a public transportation or riding a train, bus, trolley, taxi, subway, lyft, uber, ship or airline, you may be entitled to file a claim for your injuries against them. Generally, such claims are filed under the Tort Law of Negligence. However, public carriers are subject to the special “Common Carrier Rule” as well.
Common Carrier Rule is based on Common Law. In some states, it may govern school buses; possibly private limousine companies; and the newly minted methods of public transportations, such as Lyft and Uber.
Common Carrier Rule mandates that all Public Transportation Companies owe their passengers the “Highest Duty of Care”. Depending on the state, this “higher duty of care” covers all injuries in public carriers’ premises, such as “slip-and-fall” or injury caused by a broken bench, and so on, as well. For instance, in California, in a public transportation Jury Trial, the Judge must instruct the Jury, prior to rendering its decision, the following directive: “Common carriers must carry passengers or properties safely. Common carriers must use the highest degree of care and the vigilance of a very cautious person. They must do all care, vigilance, and foresight that they reasonably can, under the circumstances, to avoid harm to passengers or properties.” If you’ve been injured on a public transportation vehicle or premises, give Chosen lawyers a click of call. Let us help obtain the best medical care and drive a fair settlement.
PLAINTIFF MUST PROVE NEGLIGENCE
Despite public carriers’ highest duty of care, a plaintiff must still prove that a common carrier was negligent; as all Plaintiffs must do in most Tort Cases. Here the Plaintiffs and/or their Chosen Lawyers must show that:
a) The Defendant owed Plaintiff the Highest Duty of Reasonable Care;
b) Defendant breached that duty by failing to follow certain measures (depending on the facts leading to the subject injury);
c) The breach directly and proximately caused the plaintiff’s injury;
d) The plaintiff suffered physical and/or emotional injuries, or loss of income, and so on.
In order to prove the elements delineated above and more, the Plaintiffs and/or their Chosen Lawyers must present relevant and admissible evidences, such as:
1) Any witnesses, who can testify their observation of what happened;
2) Any evidence such as inspection records, police reports, photographs, videos, failure to warn, etc.;
3) Expert Witnesses, who could explain how did the negligent act or omission led to the injury;
4) “Negligence Per Se” covers a category of harms involving the violation of statutes that are designed to protect the public from a specific type of harm.
Although, it is relatively easy to look into facts and circumstances that led to the violation of a specific law; it is not that simple to prove the intent of the law; the class of the plaintiffs it protects; and from what type of harm.
PROCEDURES & STATUTE OF LIMITATIONS
Another important issue to remember is that Public Transportation Laws and procedures, somewhat, differ from standard personal injury laws. That is because most public transportation companies are owned and operated by Federal, State or Municipal Governments. In most cases, they have their own notice requirements, procedures and deadlines for filing injury claims. Although, such deadlines and procedures differ from state to state, generally, they can include the following:
- Shorter Statute of Limitations, generally, 6-Months, during, which an injured party (Plaintiff) must notify the public transportation company in writing; delineating the precise circumstances of his or her accident and file a lawsuit, if needed.
- Moreover, the plaintiff must make sure his or her claim is against the appropriate defendant or defendants.
Filing claims against public transformations, specially, those owned by various levels of governmental agencies could be highly complex. If you have been seriously injured aboard a public transportation vehicle or on their premises, you would need an Experienced, Credible and Compassionate Chosen Lawyer, who knows how to deal with them, within their procedural requirements and limitations. In other words, while accidents on common carriers and/or their premises are accidental; choosing the appropriate Legal Team, to help defend your rights and obtain justice on your behalf, is your Choice. If you’ve been injured in any type of public transportation accident, please click or call Chosen Lawyers for a free and confidential consultation. Chosen Lawyers will not only help heal your injuries, but to thrive in recoveries.
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