PERSONAL INJURIES IN COMMON CARRIER ACCIDENTS

By Jinky C. Mesias

There are laws governing the operations of common carriers and these laws differ from state to state. However, it’s the Federal Government that regulates all the interstate common carrier laws while the individual states take care of the intrastate regulations.

In cases of common carrier accidents the sustained injuries of the passengers will determine the degree of liability to be paid by the carrier. In addition, the court will also examine whether the common carrier has make use of the required equipment as well as applied a reasonable degree of skill in order to prevent accidents from happening. The law also requires that a common carrier be strictly required to employ the highest degree of care as well as make use of safety measures in order to make sure that its passengers arrived at their destination unharmed.

There some state law that stipulates that a common carrier does not have an absolute responsibility of ensuring its passenger’s safety however there should be utmost care when transporting passengers to refrain from accidents. And with this as premise the common carrier is therefore liable for any injuries sustained by its passengers from accidents that could have been avoided if only the carrier was careful. The carrier is expected by law to act like a cautious person in its operation of the transportation services.

Likewise, depending again on the state law covering the area where the accident happens if ever a personal injury arises as a result of the carrier’s noncompliance to the safety laws only then will the carrier be held totally liable for the personal injuries suffered by its passengers. Another obligation of a common carrier is to give out warning to its passengers of the dangers that exist inside the carrier. Like standing in an aisle where a passenger may likely to be thrown out of the carrier however there are stubborn passengers who just can’t be told, with this type of passengers if ever there really comes an accident involving them then the carrier will not be held responsible or may be subjected to only a half or partial liability.

For those who have suffered personal injury due to common carrier accidents there is a limit to the filing period for damages. The filing period is termed as the “Statute of Limitations”. The statute of limitation provides the time frame as to when a lawsuit for personal injury may be filed. And if ever a case got filed after the statute even if the case is legitimate the injured party then losses all his or her rights to recovery.


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