If you’ve had an accident involving a public transportation vehicle, you should consider speaking with a public transportation accident lawyer.
According to Pew, residents of Philadelphia and its surrounding areas take 819,000 trips on public transport services every weekday. The vast majority of these journeys end without incident; unfortunately, though, many people do have public transport accidents in the city. These can result in serious injuries and property damage.
If you’re in this situation and you’re wondering what to do next, keep reading.
In order to succeed in a public transportation lawsuit, you’ll need to show that the relevant service provider failed to uphold its duty of care to you and that this failure directly resulted in your injury.
This applies to all kinds of personal injury lawsuits; however, when the at-fault party is a public transportation authority, the situation can be more complicated.
One reason for this is that public transportation providers have measures in place for the specific purpose of protecting themselves from lawsuits.
If you use public transport regularly, you’re likely used to seeing and hearing safety reminders related to seemingly trivial risks. These notices aren’t just for your safety. They’re designed to make it more difficult to prove liability against transport organizations.
Say, for example, you injured yourself by falling into the gap between a train and a platform; if there was an announcement on the train telling you to “mind the gap,” the company will have an easier time arguing the fall was your fault, rather than that of the company.
Another factor to consider is that of sovereign immunity. Public bodies (such as the Southeastern Pennsylvania Transportation Authority (SEPTA)) have immunity from lawsuits under certain circumstances, per Title 42 of the Consolidated Statutes. Sovereign immunity may also limit the amount of damages you’ll be entitled to in the event of a successful claim.
However, this doesn’t all mean that public transportation providers are above the law. A number of factors can indicate negligence on the part of a transportation provider, including:
Each case is different, and small details can make a big difference in a complex dispute. If you’d like to know more about how the rules are likely to apply in your case, please schedule a free initial consultation with the Cochran Firm in Philadelphia today.
Pennsylvania is among the states that use a “common carrier” law. Per Title 66 of the state’s Consolidated Statutes, companies providing transportation by bus, train, airplane, and other means fall under this definition.
The “common carrier” designation serves to protect public transport providers from various types of legal action. Because strict liability rules do not apply to common carriers, injured parties must be able to provide evidence of negligence if they are to successfully sue transportation companies that qualify as common carriers.
However, companies operating as common carriers are also legally bound to obey safety standards set out by governing bodies. For example, airlines must adhere to the rules and regulations set out by the Federal Aviation Administration (FAA).
You should note that common carriers bringing passengers from one state to another must adhere to federal common carrier laws, rather than the equivalent state provisions.
Your first priority after any kind of accident should be to seek medical attention. Even if you feel fine, it’s important to get checked to ensure you haven’t sustained any injuries. Many health issues (including serious brain injuries) can occur without showing symptoms right away.
It’s also important to receive medical attention for the purposes of your claim. Once a doctor assesses you, they’ll write up a report of the appointment, and this report will serve as vital evidence in any claim you decide to file. The sooner you go to the doctor, the better; any delay may compromise the effectiveness of the medical record as evidence.
If there are people around at the time of your accident, make sure to ask them for their contact information. They may be able to provide testimony that will benefit any lawsuit you decide to file later on. If the police show up at the scene of your accident, they may also ask eyewitnesses for reports on what happened.
Transportation companies generally contact the authorities after any relatively serious accident. However, if this doesn’t happen in your case, you should make sure to file a police report as soon as you can, especially if there is a criminal element involved (such as an assault by another passenger).
Collect as much evidence from the scene as you can. Take pictures and videos of where the accident happened, any visible injuries, and anything else you feel may be relevant.
Most importantly, you should reach out to a personal injury lawyer as soon as you can after the incident to discuss your rights and potential sources of compensation for the harm you’ve suffered.
The aftermath of a public transportation accident can be a frustrating experience. Not only are you dealing with the physical and emotional hardship of your recovery, you may also be up against a large organization with far greater resources than yours in your pursuit of compensation.
Don’t let yourself be intimidated. Contact us today to take the first steps toward seeking justice.
You can reach us via our webform, or over the phone at 800-969-4400.
