Common Carrier Accident Lawyer

Common carriers must maintain the highest care and vigilance to ensure passengers’ safety. In the case of a common carrier accident, the driver, company, or relevant government entity is liable for personal injuries or damages. Suppose you or a loved one was involved in a public transport accident in Los Angeles, CA.

What is a Common Carrier?

A common carrier is an entity that offers transportation services to the public under the authority of a regulatory body in exchange for a fee. These entities transport people or items, and the relevant regulators approve the for-hire carrier’s rates, time schedules, and routes.

Types of Common Carriers

Transport services in Los Angeles, CA, include the following:

• Buses, taxis, and vanpools
• Cruise ships
• Planes
• Elevators, escalators, and movable walkways
• Ski lifts and mule trains
• Trains

In the United States, pipelines that transport carbon dioxide, oil, and gas can also qualify as common carriers under a license provided by the Federal Energy Regulatory Commission.

What is a Non-Common Carrier?

A non-common carrier is an entity that does not meet the definition requirements of a common carrier. For example, a car rental agency is a non-common carrier whose operations typically do not include the regular transport of people or goods.

Instead, they rent vehicles out to third parties to operate. A non-common or private carrier can also present as a company that offers transportation to its employees. Private carriers also must register with the California Public Utilities Commission (CPUC).

Who Regulates Common Carriers and How Is It Done?

The CPUC regulates common carriers with laws such as the California Civil Code Section 2100.

Other regulatory bodies also dictate which carriers fall into this category based on the mode of transportation. For example, commercial airlines operate under the Federal Aviation Administration (FAA).

Regulatory Laws

Regulatory laws exist to mitigate the risk of accidents, wrongful death, and personal injury.

According to these regulations, common carriers must exercise the highest standard of care to ensure the safety of those who rely on them daily. In terms of these regulations, these entities must:

• Refrain from driving erratically and making sudden starts or stops
• Provide assistance and seating to elderly passengers
• Maintain their equipment and keep it free from debris
• Discharge passengers at safe places
• Not overcrowd their vehicles

Civil Code Section 2100 holds common carriers to a higher standard of care than other transportation services.

Common Carrier Accidents

Public carrier accidents, such as bus crashes, train derailments, airplane incidents, and other public transportation mishaps, can result in serious injuries and significant financial losses. Victims may face long recovery periods and extensive medical bills.

Proving Negligence in Common Carrier Cases

If a for-hire carrier’s failure to maintain a high level of safety results in personal injury or losses, the injured party is entitled to receive fair compensation for these damages.

Negligence encompasses careless conduct or failure to take essential steps to avoid danger. To prove negligence, the plaintiff must demonstrate that:

• There was a duty of care
• The defendant’s inaction in the circumstances did not meet the standard of care as set by the relevant regulations
• The defendant suffered injuries that a reasonable person in such circumstances should foresee
• Losses or injuries happened due to the defendant’s breach of duty

Negligence is one of the leading causes of accidents. Examples of negligent conduct include failing to warn passengers to put on their seatbelts, poor vehicle maintenance, and failing to subject new drivers to a vetting process. Your injury lawyer at Adamson Ahdoot in Los Angeles, CA, will help you prove negligence in your case.

Damages in Common Carrier Accidents

Before accepting a settlement offer, make sure you know the real value of your claims. The experienced lawyers at Adamson Ahdoot are here to help you pursue fair compensation for your damages.

After common carrier accidents, injured parties may be able to recover several types of damages, including:

• Incurred and estimated future medical expenses
• Damage to property
• Pain and suffering
• Loss of income, quality of life, and consortium
• Disfigurement
• Damages involving wrongful death

Some of these damages—for example, pain and suffering—have no tangible or economic status. In the case of extensive injuries, these damages can create substantial claims.

Legal Responsibilities of Common Carriers

Duty of Care

For-hire carriers have a legal duty to ensure the safety and well-being of their passengers. This duty of care is more stringent than that of ordinary individuals or private carriers. Transports must take all necessary precautions to avoid harm to their passengers. This includes regular vehicle maintenance, proper staff training, and adherence to safety protocols.

Breach of Duty

When a public carrier fails to meet this duty of care, they are considered to have breached their duty. This breach can occur in various ways, such as negligent driving, failure to maintain equipment, or inadequate safety measures. A breach of duty is critical in proving negligence in a common carrier accident case.

Consequences of Breach

The consequences of a breach of duty by a public carrier can be severe, leading to accidents that cause significant injuries or fatalities. Victims of such accidents are entitled to seek compensation for their losses, including medical expenses, lost wages, and emotional distress. Legal representation is crucial in navigating the complexities of these cases and ensuring victims receive fair compensation.

Examples of Common Carrier Negligence

Bus Accidents

Bus accidents can occur due to driver error, mechanical failures, or poor road conditions. Bus companies may often be held liable for accidents if they fail to properly maintain their fleet or if their drivers do not adhere to safety regulations.

Train Derailments

Train derailments can result from track defects, excessive speed, or operator negligence. These incidents often lead to extensive injuries and significant property damage. Regulatory bodies like the Federal Railroad Administration (FRA) investigate these accidents to determine the cause and prevent future occurrences.

Airplane Incidents

Airplane incidents, though less frequent, can be catastrophic. Factors such as pilot error, mechanical failure, and adverse weather conditions can contribute to these accidents. The Federal Aviation Administration (FAA) oversees investigations and enforces safety regulations to mitigate risks.

Elevator and Escalator Malfunctions

Elevator and escalator malfunctions can lead to serious injuries. Property owners and maintenance companies may be held accountable if they fail to perform regular inspections and maintenance. Ensuring the proper functioning of these devices is essential for public safety.

Importance of Timely Legal Action

Statute of Limitations

The statute of limitations for filing a claim against a common carrier varies by state. In California, for example, victims typically have six months to file a claim against a public entity. Acting promptly to preserve evidence and protect your legal rights is important.

Gathering Evidence

Timely legal action allows the gathering of crucial evidence, such as accident reports, witness statements, and medical records. This evidence is vital in building a strong case and proving negligence on the part of the public carrier.

Protecting Your Rights

Engaging an experienced public carrier accident attorney early in the process protects your rights. Your attorney will handle all communications with insurance companies and liable parties, allowing you to focus on your recovery.

Statistics on Common Carrier Accidents

Public carrier accidents are unfortunately common and can have devastating consequences. According to recent statistics:

• In the past five years, there have been over 2,000 bus accidents in Los Angeles alone, resulting in numerous injuries and fatalities.
• Train accidents, including derailments and collisions, have caused significant injuries and property damage across the state.
• While less frequent, airplane incidents can be catastrophic, leading to extensive investigations and regulatory scrutiny.

These statistics highlight the importance of strict regulations and vigilant enforcement to ensure the safety of passengers and the public.

Common Carrier Accident Lawyers: Your Best Possible Chance for Justice

Hiring a lawyer can significantly improve your odds of obtaining fair compensation. The lawyers at Adamson Ahdoot have decades of experience handling public carrier cases and are dedicated to helping victims recover from their injuries.

We understand the specifics and complexities of these cases and are committed to providing the best possible representation. With extensive experience in passenger or freight carrier accident cases, a proven track record of successful settlements and verdicts, and in-depth knowledge of state and federal regulations, Adamson Ahdoot offers personalized attention and dedicated legal support.

If you or a loved one has been injured in a for-hire carrier accident, don’t wait to seek legal help. Contact our experienced attorneys to discuss your case and explore your legal options.

Frequently Asked Questions About Public Carrier Accidents

What Should I Do Immediately After a Public Carrier Accident?

After a for-hire carrier accident, it’s crucial to:

1. Seek medical attention for any injuries.
2. Report the accident to the authorities.
3. Document the scene with photos and gather contact information from witnesses.
4. Contact a common carrier accident attorney to discuss your case.

How Long Do I Have to File a Claim?

In California, you generally have six months to file a claim against a public entity from the accident date. However, acting quickly is essential to preserve all necessary evidence and protect your rights.

What Compensation Can I Receive?

Compensation for for-hire carrier accidents may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Future medical costs and loss of earning capacity

How Can a Lawyer Help Me?

A public carrier accident lawyer can help you by:

• Investigating the accident and gathering evidence
• Negotiating with insurance companies
• Representing you in court if necessary
• Ensuring you receive fair compensation for your injuries and losses

Contact Adamson Ahdoot for Expert Legal Assistance

Navigating the aftermath of a for-hire carrier accident can be overwhelming. The dedicated lawyers at Adamson Ahdoot are here to help you every step of the way.

With extensive experience handling public carrier accident cases, we are committed to securing the best possible outcome for our clients.