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If I am hit and injured by a common carrier, can I recover for my injuries? Depending upon state law, the general rule is that a common carrier is liable for injuries or damages caused by the negligent operation of its vehicles. If the common carrier ...
Are there any common carrier regulations regarding individuals with disabilities? The Americans with Disabilities Act of 1990 (ADA) states that no individual with a disability shall be denied the opportunity to use the public transportation system. Additionally, where necessary or ...
What regulations apply if I travel internationally by airplane? As to international transportation, by Presidential Proclamation, the United States adheres to the "Warsaw Convention" which provides that an air carrier's liability for a negligent act causing personal injury to ...
What are the duties and responsibilities of a motorist to avoid a train accident as he or she approaches a public grade crossing? Although every state's laws differ to some extent, the general requirement is that a motorist approaching a grade crossing, upon detecting an oncoming train, must stop no less than 15 ...
Who determines how fast a train can go over a grade crossing? Since the train's speed can be such a critical factor in a grade crossing accident, it would seem the question of who determines the speeds at which railroads operate their ...
Who regulates buses, ferries, trains and planes? Pursuant to the Interstate Commerce Act, the Federal Government regulates common carriers that transport passengers or cargo across state lines. While federal rules are controlling, each individual state generally regulates ...
Who are common carriers? A common carrier is one who represents to the public that his business is one of transporting persons or cargo from place to place for compensation, and such services are ...
Railroads what are the railroad's responsibilities in the area of providing grade crossing protection? Since the final decision on the level of grade crossing protection to be provided is made subject to federal approval, the railroads are not usually held liable on the issue ...
Why does it matter whether the transportation service is a common carrier or not? The Federal Government and most state governments have specific common carrier regulations. The regulations usually apply to equipment requirements, licensing, transportation procedures, fares and rates, etc. These regulations are enacted ...
Why are so few grade crossings protected by flashers or gates and flashers? Although the railroads tend to dispute the findings, most studies seem to indicate that active protection (such as bells, flashing lights, and a metal arm descending to block the road) ...
If I am injured while a passenger on a bus, train, ferry, or airplane, is the transportation service liable? 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 ...
Why can't the train simply stop before hitting the vehicle at the grade crossing? This is a simple matter of physics. For example, a 15,000 ton coal train traveling at 60 miles per hour has the kinetic energy equivalent of a small atomic bomb. ...
What, by law, is a train crew required to do to avoid a train accident as the train approaches a public grade crossing? Through the years, state and federal courts have repeatedly held that the railroads have a duty to provide due and timely warning to the general public when their trains approach ...
Are there railroad crossings that are unreasonably dangerous and therefore likely places for train accidents? Yes, there are grade crossings where a motorist may be in total compliance with all applicable laws and yet still become involved in a collision with a train. The relative ...
If I am injured as a result of a bus, train, ferry, or airplane accident, or while a passenger on any one of these services, is the transportation service liable? In most situations, state law will determine whether or not a common carrier is liable (legally responsible) for personal injuries because federal laws and regulations generally do not cover carrier ...
Where can the public obtain more information about grade crossing safety issues? Although there is no substitute for one's retaining a skilled, experienced attorney if involved in a grade crossing accident, there are numerous sources of information available to those persons seeking ...
If I am hit and injured by a common carrier, such as a train, bus, ferry or airplane, can I recover for my injuries? Depending upon state law, the general rule is that a common carrier is liable for injuries or damages caused by the negligentoperation of its vehicles. If the common carrier is ...
If I want to file a lawsuit for injuries I suffered as a result of bus, train or airplane accident, do I have to do so by a certain time? Most states require that a personal injury lawsuit to recover damages be filed against a common carrier within a certain time period. This time period is called a "statute of ...
Are common carriers, such as buses, trains and airplanes, required to accommodate passengers with disabilities? The Americans with Disabilities Act of 1990 (ADA) states that no individual with a disability is to be denied the opportunity to use the public transportation system. Additionally, where necessary ...
Can I be removed from a common carrier? Some states have statutes regarding the ejection of passengers on common carriers. Generally, a common carrier may remove a passenger from its transportation service for the refusal to pay a ...
Can I be removed from a bus, train, ferry, or airplane? Some states have laws regarding the removal of passengers on common carriers. Generally, a common carrier may remove a passenger from its transportation service for the refusal to pay a ...
If my baggage is lost or damaged by a common carrier, can I recover my losses? A common carrier is generally liable for any loss, damage, or injury to property being transported by the carrier. It is now a general rule that a common carrier cannot ...
Are the rates and fees charged by a common carrier subject to regulations? The Interstate Commerce Act regulates the rates and fees charged by a common carrier. Generally, a public transportation service is required to publish its fee schedules to be charged for ...
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