Figuring out who is liable in an accident involving mass transit can be complex. Common carriers such as buses, railroads, airlines and taxi services owe the highest duty of care to their passengers — unlike regular drivers who are held to a standard of reasonable care. A common carrier’s failure to adhere to this duty may constitute negligence.
There can be many causes of accidents involving common carriers, including the following:
- Operator fatigue
- Inexperience
- Inattention or distraction
- Running a red light or stop sign
- Speeding
- Lack of maintenance
- Driving under the influence
- Inadequate training or supervision
- Mechanical failures
Depending on the facts and circumstances, there may be a few parties that can be held liable for injuries that arise in a mass transit accident. For example, the driver, management company, equipment manufacturer, municipality or others on the road may be held accountable. In some cases, more than one party may share the blame for the accident.
In addition, employers of mass transit drivers may be liable for the actions of their employees. This means that if an employee’s negligence during working hours causes another to suffer injuries, the employer may be responsible for the victim’s medical expenses and other damages.
Evidence plays a critical role in establishing liability in a personal injury case involving a mass transit accident. The evidence may include expert witness testimony, eyewitness testimony, photos, video, inspection records and maintenance logs. Negligence may also apply in cases where a common carrier’s violation of a statute led to the accident. In situations where a law was disregarded, such as running a red light, it is not necessary to prove negligence. Rather, a defendant is presumed to have acted negligently based solely on their violation of a statute.
If you were hurt in an accident involving a common carrier, it’s essential to consult with an attorney as soon as possible who can advise you regarding your legal rights and remedies. Frank Charles Miranda, P.A. provides high-quality representation and aggressive advocacy for accident victims in the Tampa area. Call 813-902-3925 or contact us online to schedule a consultation.