Accidents in "Common Carriers"
By Smith & Stallworth
Jul. 9, 2010 4:38p
Higher Liability Standards for Buses, Taxis, Trucks, Etc.
Certain forms of transportation are held to higher standards of care than others. If a mode of transport is designated as a "common carrier," it must take the utmost care and diligence to ensure the safety of the passengers or goods that it is transporting. Common carriers are any person or business that provides transportation to for goods or people; their services must be available for the general public to employ and, in Florida, they cannot be transportation that is solely for the purpose of entertainment.
Examples of common carriers include:
- Buses
- Trains
- Helicopters
- Elevators
- Airlines
- Trucks
- Taxis
Just as business and store owners have a higher duty to their customers in terms of premises liability, common carriers must provide more than the standard amount of "reasonable" attention to safety issues. Usually, common carriers are liable for all accidents and damages except those that are caused by a product that was already defective, acts by terrorists and other public enemies, fraud committed by the shipper, the accident was the fault of the shipper or passenger, and inevitable acts of nature. In some states, common carriers are exempt from their responsibilities if the accident was caused by a pedestrian, another vehicle, or unsafe driving conditions due to road negligence.
If you have been involved in an accident in a common carrier, you may be able to obtain monetary compensation. Even if there was no negligence on the part of the transport service, common carriers can still be held responsible for accidents, injuries sustained in accidents, and damages done to goods in accidents. If the vehicle is owned by a company and the accident was caused by driver negligence or recklessness, the company can also be liable for hiring someone who was unfit to operate the vehicle with due diligence and care.
Medical bills from injuries can be extremely expensive and it can take years of rehabilitation to regain full use of your body after an accident. You may be able to be compensated for medical costs, rehabilitation, lost wages due to missed work or inability to continue work, and psychological stress.
Contact a Common Carriers Accident Attorney at Smith & Stallworth for a complimentary consultation regarding your accident.
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