Public transportation is a convenient way of travel for many people. Unfortunately, it can also be a dangerous one if the transit operator is negligent and causes an auto accident.
Thankfully, it is possible for passengers to file a claim to gain reparations. There are a few things to keep in mind in order to build a successful claim against a public carrier.
Carrier obligation
As a driver, there is a certain responsibility to drive safely, also known as a standard of care. There is also a certain standard of care level that public transit providers must uphold. Those carriers that fit into this category include the following:
- Buses
- Trains
- Taxis
- Trolleys
Those who operate and manage such modes of transportation must utilize extraordinary diligence to ensure the safety of passengers. Outside of natural disasters, there are not many defense options for a carrier who causes an accident.
Proof of negligence
Even considering the law, it is still important for the claimant to be able to prove the negligence of the carrier. As with any other personal injury case, the claimant must prove four main assertions:
- The carrier had a duty of care
- The carrier did not fulfill the duty
- The lack of duty caused the accident
- The claimant suffered harm due to the accident
The first assumption is a given, considering the law details the carrier’s standard of care requirement. However, the other three assertions need support in the form of evidence. There are a few different forms of evidence that parties may seek, such as police reports, eyewitness testimonies, photographs, medical records and more. The more evidence a person can gather, the stronger the case will be.
This is a brief overview of some of the important aspects of a claim against a public carrier. If you or a loved one are considering filing a claim, consult with a knowledgeable attorney to determine your best course of action.
