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How To Protect Yourself During A Mass Transit Personal Injury

Taking mass transportation can be an everyday thing for most professionals. Between the convenience of well-planned transit system and the practical and responsible choice to lessen one’s own carbon footprint, taking the bus can have immense benefits compared to driving around in your own car.

Yet even the safest and most well-oiled transit systems, it is possible to be involved in auto accidents. If you happen to be taking a public transport vehicle and get into an accident, there are certain steps that you would need to remember.

Defining What Is Public Transportation

When it comes to public transportation, these involve vehicles that can move several passengers. This could include buses, trains, airplanes, and taxes—virtually any vehicle where the driver is responsible for the wellbeing of passengers who avail of the transportation service.

The nature of public transport compared to private vehicles depends on the liability of the passenger. Or starters, they are considered as common carriers, as they can offer driving services to the public. In some states, these may include school buses. They also answer to a regulating government agency. This makes them responsible for the individuals they carry, and need to exhibit the highest diligence when on the road.

What is the Common Carrier Law?

In the most common sense of personal injury cases, you will be tasked to prove the negligence of the other party, especially if you are injured. However, there is a specific clause reserved for public transportation incidents, which involves the common carrier law.

This clause covers public transportation vehicles including buses, trains, and taxis. Because they will be used by the public, the law requires these vehicles to exhibit a higher degree of care to the passengers. Thus, if the injury of a passenger occurs while within the vehicle’s operation, then the injury will have to be shouldered by the operator.

Still, it has to be noted that accidents could occur without the means of a bus driver being negligent. For instance, there is a difference between swerving into a post to avoid a child running on the street versus swerving because they did not notice a child crossing the road.

Take Note of Deadlines

What separates private vehicle accidents from public transportation incidents are the involvement of state and municipal entities. Because they are involved, the claims that one can file against public utility vehicles will need to adhere to strict deadlines.

Deadlines may vary depending on the state, but on a general rule, the shortest deadline that one can have in notifying the public transportation agency involved is a maximum of six months. This will already involve a detailed description of what happened during the accident in writing. You will also have to prepare a lawsuit to file against the agency.

Make sure that the municipal department that you will send it to is correct. The claim should also be submitted and addressed to the right agency. Tapping a lawyer this far into the practice may be better, as they will likely ensure that all the documents and necessary procedures will be followed.

Goldman, Babboni, Fernandez, & Walsh offers legal assistance to individuals who have been involved in mass transit incidents. Their lawyers understand that this could be a trying time, especially given the legalities and nuances that are involved in the public domain. Make sure that you are armed with the proper knowledge and legal action before attempting to settle claims and file suits.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How To Protect Yourself During A Mass Transit Personal Injury

Goldman Babboni Fernandez
Murphy & Walsh

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