Filing a Claim for Accident Involving Public Transportation
Sometimes it is possible for you to get hurt in an accident involving public transportation. The injuries can be quite severe considering the size of these transit vehicles. However, in California, it is possible for you to claim compensation for the losses you suffered in an accident caused by any public transportation facilities.
But most people are still unaware of this fact; hence, they lose the opportunity to file a lawsuit for claiming the money. Make sure that you do not repeat this mistake. It is better to consult accident injury lawyers if you get involved in such an accident, as they will help you to sue the right entity that is responsible for the accident.
How the Accident Involving Public Transportation is Different from Other Accidents?
California has strict laws for regulating public transit vehicles. The drivers of these vehicles are supposed to exhibit more reasonable care than the drivers of other small vehicles. As these vehicles will carry a large number of people, even a small negligence can result in devastating accidents. Hence, the negligent behavior of the driver or the agency that facilitates public transportation is considered more seriously than the mistakes of other drivers. California uses the “Common Carrier” law for regulating public transportation companies.
Common Carrier Law
The term common carrier is used to refer public buses, trains, taxis, trolleys, etc. The common carrier law will affect the companies or agencies that facilitate public transportation. Common carriers are responsible for providing a higher degree of care than an average person does, as there will be a large number of people traveling in them most of the time.
However, even if the common carriers are responsible to exhibit higher duty of care, the injured person should prove the negligence. That is, if you want to claim money for accidents involving public transportation, you have to prove that the driver or the agency that provides public transportation failed to take reasonable care for preventing the accident. For example, if the driver was negligent while driving or if the parts of the vehicle were malfunctioning, then the driver or the company can be responsible for an accident caused by these reasons.
Public transportation companies will be normally state or municipal agencies. Hence, suing them will be different from filing a lawsuit for other accidents like a car accident or a motorcycle accident. In California, you will get only six months from the date of the accident to bring a claim against a public transportation company. Hence, it is better to consult accident injury lawyers before the expiration of this time frame; otherwise, you can lose the chance to get compensation.