If you are injured while taking public transportation, you may be able to file an injury lawsuit against the company that runs the transport line. Public transportation includes buses, trains, and subways. Personal injury lawsuits can be quite complicated, so it is important to understand your rights and talk to a personal injury lawyer before making a claim. The following information will help you better understand the process of filing a personal injury lawsuit against a public transportation company.
The ‘common carrier’ law
Most personal injury lawsuits are based on determining negligence and granting compensation based on injury extent and suffering. The injured party must prove that their injury was the result of the defendant’s negligence. Some states have something called a “common carrier” law that applies to public transportation. This legal term describes a person or business that provides public transportation, including buses, trolleys, trains, and even taxis. Depending on your state, a common carrier may include school buses and private limousine businesses as well.
In many states, a common carrier is supposed to practice a high degree of care with their passengers. The law expects public transportation companies to act with more care than it would expect from the average person. Even though common carriers are held to a higher standard, the injured party must still prove the company acted with negligence.
Injury claim procedures
There is an important distinction between standard injury lawsuits and those involving public transportation. Because the public transportation company involved could be a state or municipal agency, special state laws apply to these claims. These laws are referred to as State Tort Claims Acts.
There are time and notice deadlines for filing a claim against a government entity, which varies by state. You may have to notify the company in writing of the circumstances surrounding your accident within six months. Another law may include a shortened deadline for filing a lawsuit against the company.
Hiring a personal injury lawyer to help with your claim
To ensure that you are able to meet all of your state’s requirements for filing an injury lawsuit you should consult a personal injury attorney. If you are looking for an experienced personal injury lawyer who understands public transportation injury lawsuits, contact Attorney Dean Boyd. Call us today at (806) 242-3333 or Contact Us by email to learn more about our services.