An Overview of Common Carrier Accident Claims

Your auto accident defendant may determine your claim's course or direction. For example, pursuing an accident case against the government is different from pursuing a similar claim against a private party. Similarly, an auto accident case against a common carrier is markedly different from other accident cases.

Below are a few things to note when pursuing an auto accident claim against a common carrier.

Your Claim Is Against the Common Carrier

You can hold a private motorist liable for your damages after a collision. For example, say a motorist driving to work rear-ends you. You can hold the motorist liable for your damages, and their insurance company will pay. You can use the motorist's personal assets for your damages if they don't have auto insurance.

However, you cannot hold a common carrier driver personally liable for your auto accident damages. In such a case, the driver's employer (the common carrier) is liable for your damages and not the driver. Personal liability in an accident involving a common carrier only applies if the driver is not an employee but rather an independent contractor.

The Common Carrier's Liability Is Limited

A common carrier is only liable for accidents that arise due to factors within their control. You can only hold a common carrier liable for foreseeable accidents that they could have prevented. The absence of foreseeability and causation absolves the common carrier of liability.

For example, you can hold a bus company liable for your injuries if the bus driver loses control of the vehicle and hits a utility pole. However, you cannot hold the bus company liable for your damages if you step off the bus and a motorcyclist hits you because the bus was blocking your view. The common carrier's liability stops when you exit their vehicle.

Failure to Warn Can Trigger Liability

Common carriers should warn their passengers of potential dangers that can lead to injuries. Thus, you can use failure to warn as a legal theory for pursuing damages after a common carrier accident.

Consider an example where a bus driver fails to warn their passengers when the bus suddenly develops a mechanical defect, such as brake failure. The passengers then fail to brace themselves for impact and suffer more severe injuries than they would with adequate warning. In such a case, you can use failure to warn to claim damages from the bus company.

Federal or State Law May Apply

The government sets safety standards that common carriers must observe to keep their passengers safe. You may have a valid claim if a common carrier breaches the regulations and the breach causes your injury.

The federal government's standards typically apply to common carriers that cross state lines. State regulations apply to carriers the applicable regulations (hence, your case's proof) in case of an accident.

Highest Possible Degree of Care Applies

Lastly, you should know that common carriers are subject to a higher degree of care than other motorists are. That is, the government expects common carriers to take significant precautions to keep their passengers safe. For example, common carriers must ensure that:

• Their facilities, such as departure stations, are adequately safe for passengers
• They have adequate security staff in their stations

For example, the law doesn't expect private motorists to provide security for their passengers. However, a passenger train should have some security staff for the passengers' safety.

As you can see, you should not instigate an auto accident claim before understanding the type of defendant you are up against. Walsh & Associates, PC, has over 30 years of auto accident experience. Contact us if you are a victim of a common carrier accident. We will evaluate your case and help you get the compensation you deserve.