|
|
 |
|
|
|
|
|
|
|
 |
Page 10 of 23 |
Free Case Evaluation Now! »
|
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 liability to passengers. The general rule in most states is that a common carrier may be liable for personal injuries suffered by passengers that were caused by the carrier's negligence .
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 its responsibilities. 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 in operating its transportation services. There are exceptions or mitigating circumstances to these rules, such as when adequate warnings have been given by the carrier regarding unsafe passenger activity, but a passenger purposely chooses to disregard the warnings. 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 (regardless of the carrier's excuses) 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. An attorney should be contacted for further information and to determine the exact state law to be applied. |
| « View All General Bus and Train Accident Questions Pages |
Next Page » |
|
« Free Case Review |
|
|
|
|
 |
|
|
|
|
State Law Center | Legal Links | Site Map | Privacy Policy | Media | About Us | Contact Us