California has various travel options for those without a dependable means of transportation. Buses, taxicabs, trains, and transportation vans are all used on a daily basis to transport passengers throughout many parts of the state. Accidents commonly happen while riding on public transportation. These accidents are the result of sudden movements or stops, sharp turns, or collisions with other vehicles. Due to the lack of seatbelts in many forms of public transportation, even minor accidents or incidents have the potential to cause significant injuries for passengers. If you or your loved one has been injured in a public transportation accident and wish to speak to an attorney about your rights to relief, contact Sanford A. Kassel, A Professional Law Corporation for a risk-free initial consultation today.
Common Carriers: What You Should Know
A “common carrier” generally encompasses anyone who offers transportation to the general public for profit. Therefore, both government agencies and private companies that engage in public transportation are considered to be common carriers. Common carriers are held to a higher standard of care than others on the roadway. Common carriers must do everything necessary under the circumstances to avoid harm to passengers.
The liability of a common carrier cannot be limited by general notice to the public. A general notice includes signs or posters that attempt to limit liability of the company in the event of an accident. It may also include a general waiver notice on the back of a printed ticket. These types of notice are not usually sufficient, but liability may be waived in the event that there is a signed contract that includes a release of liability.
Filing a Lawsuit
Even when liability may exist, the probability of success for a personal injury lawsuit can vary depending on the type of entity that is being sued.
- Government Liability: Suing the government is always a more difficult undertaking than filing a suit against a private entity. The government has special procedures in place that must be followed. One special procedure that is not required when lodging a claim against a private entity is proper notice. Notice must be provided to the government within six months. In most instances, your claim will be rejected by the government. Generally, individuals have six months from the mailing date of the claim to file a lawsuit against the government. While suing the government may seem fairly straightforward, there are many pitfalls that occur that can destroy a claim.
- Private Entity Liability: While private entities do not have the same protections as government agencies, there are still many rules that must be followed when filing a claim against a private entity. Properly asserting all of the theories of liability and asserting enough facts under each will give you the highest probability of having a successful claim.
For More Information
For more information about a claim involving an accident or incident involving public transportation, contact Sanford A. Kassel, A Professional Law Corporation. We assist clients in San Bernardino, Riverside, Inland Empire, and throughout the rest of Southern California.
