Common Carrier - Bus, Train or Plane
If you are injured
while riding a bus, train, or airplane, common carrier law likely
applies. Typically, a common carrier is required to use the
highest degree of care, diligence, and vigilance, must have
certain types of safety equipment on hand, and possess a
reasonable degree of skill in transporting its passengers to their
destinations.
Common carrier
accidents can cause severe injuries, including spinal cord injuries,
brain injuries, concussions, or even wrongful death.
Liability
Higher standard
Generally, the
carrier must act as a very cautious person would act in similar
circumstances. Extreme care is required. This is an easier standard
for an injured person to satisfy than in general negligence, where a
person need only act as a reasonable person, and exercise ordinary
care. If the common carrier breaches its duty to act with extreme
care, then it will be legally responsible for all injuries sustained
by a passenger during transportation that could have been avoided
with better care or diligence.
Negligence per se
If someone is
injured due the carrier's noncompliance with safety laws, the
carrier may be found to have absolute liability for those injuries.
In the presence of such a violation, the common carrier will be
liable, even if it otherwise acted with utmost care.
Duty to warn
In addition to
exercising extreme care in transporting its passengers, a common
carrier also has a duty to warn passengers about any dangers the
carrier is aware of or should be aware of. For example, if a
passenger is injured when standing in an isle while the carrier is
in motion, and the passenger was not warned of the danger of so
doing, then the carrier will breach its duty to warn. This makes the
common carrier liable for the injuries caused by the failure to warn
of the danger.
Defenses
There are exceptions
or mitigating circumstances to these rules, such as assumption of
risk, disregarding a warning, or comparative liability. An
experienced attorney will be able to help you evaluate your claim.
As an aside, common
carriers may also be held liable for intentional infliction of
emotional distress if its employee intentionally insults a
passenger. The standard applied to common carriers is much easier
for a plaintiff to satisfy than in other emotional distress cases,
where the defendant's conduct must be extreme and outrageous for
there to be an intentional infliction of emotional distress.
WHAT TO DO:
If you or a family
member has been injured on a bus, train, or plane:
1. Seek immediate
medical attention for your injuries. Go to an emergency room or an
urgent care as soon as you experience any pain or discomfort
following an accident. Even if you don't see any external injuries,
it is extremely important to be evaluated to see if you have any
fractures, a closed head injury, or internal bleeding. If you do not
you're your injuries require emergency medical care, see your family
doctor as soon as possible. If you delay in seeking medical care,
you could be making a costly mistake. At the Law Office of Slaughter
and. Slaughter, we work with medical doctors, chiropractors, and
therapists who specialize in treating people who have been injured
in an accident. Even if you do not have health insurance coverage,
Slaughter & Slaughter can provide medical referrals for you to
receive appropriate treatment.
2. Limit your
communication insurance adjusters. It is generally okay to speak
with the adjuster about property damage, but, do not talk about your
injuries. The adjuster's job is to obtain information to use against
you when it is time to pay your claim. The goal is to pay you as
little money as is possible to settle your claim. So, with regard to
your injuries, simply tell the adjuster you were hurt in the
accident and that you are seeking medical treatment, and decline to
go into any further detail.
3. Contact an
experienced attorney. Common carrier accidents often involve complex
liability issues. Failing to have the proper legal representation
can cost you thousands, if not hundreds of thousands of dollars.
Also, the attorney can deal with any insurance adjusters. As
tempting as it may be, don't be lured into signing a release in
exchange for a quick settlement. Once you sign that release, you
cannot ask for more money, which will be tragic if you find out that
your injuries have not fully resolved and you need additional
medical care.
The Law Offices of
Slaughter & Slaughter
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
There is no reason
to suffer alone from the effects of an accident on a bus, train, or
plane. We can help you bring a claim and strive to get the
compensation you and your family will need for a lifetime of coping
with this catastrophic injury. Our compassionate personal injury
lawyers want to see you achieve the best resolution possible.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call today for more information and a free evaluation
of your claim. |
