For the most part, travel on busses, trains, and airplanes can be far safer than individual passenger travel. Yet there are plenty of people who have been injured in accidents involving common carriers such as these.
If you’ve recently been in a bus, train, or plane accident, you have the same rights to recover against the negligent party as any other personal injury victim. While you may be one of many passengers making claims, you nevertheless have the same rights to receive compensation for your medical bills, lost wages, pain, and suffering.
Of course, big airlines, city transit lines, and federal providers like Amtrak aren’t going to volunteer to pay their bills unless you take the proper steps to hold them accountable. They will in fact do everything in their power to make sure you’re the one that pays for their mistakes.
The attorneys at Tony Merchant and Associates can help you get the compensation you deserve. We’ll work with you to build a strong case that gets you paid.
One of the first tasks your attorney will have is to determine the causes behind the crash, because that will determine who the responsible parties are. For example, a train carrier might follow a normal maintenance schedule and put in a new set of brakes. If the brakes fail, then the manufacturer of the brakes must be held responsible, not the transit provider.
Once we’ve determined who is at fault we can file a claim with the relevant insurance providers. The responsible party will have their chance to answer the claim. Most likely what happens next is a period of discovery and negotiation.
Most of these cases settle out of court. A small percentage will ultimately need to go to trial.
A 2012 case, Nunez v. Professional Transit Management, made common carrier cases harder for Arizona residents. This case changed the standard of care from “the highest degree of care” in keeping their passengers safe to “ordinary reasonable care.”
Nevertheless, ordinary reasonable care is still a high standard. It means that common carriers are responsible for keeping their vehicles in good working order by maintaining them on a regular and industry-standard schedule. They’re responsible for training operators correctly to ensure they know how to operate the vehicles they’re working with, and to background check those individuals to ensure they don’t have drug or alcohol problems. They must install reasonable safety features.
Drivers, pilots, and engineers are all responsible for operating their vehicles in a safe manner that’s in accordance with all applicable laws.
If a common carrier fails in this duty of care and you get hurt as a result, then you can still make a claim.
You should retain an attorney as soon as you’re medically capable of doing so. If you’ve come across this page because you’re seeking redress for the wrongful death of a passenger on a common carrier then the answer remains the same: get an attorney early.
There is a two year statute of limitation on most personal injury cases, and common carriers and their insurance companies love to stall in an attempt to run down the clock. In addition witnesses and key pieces of evidence have a habit of disappearing if the case sits for too long.
Our team has 30+ years in personal injury practice, and we’re dedicated to helping our clients win. We’ve got a long track record of successful cases, and we are confident we can help you, too.
Book a no-obligation case consultation today. Click here to get started