Train Accident Legal Review
In light of the recent horrific train accident in Tacoma, I wanted to provide an overview of the different legal standards faced in Train Accidents. Our heartfelt condolences to anyone personally or with friends and family involved with the accident.
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If you get hurt while on public
transportation -- such as a bus, train, or subway -- you might be entitled to
make a claim against the public transportation company that runs the transport
line. This article will explain the most important differences between the law
that applies to public transportation companies and the rules in most standard
personal injury cases.
The 'Common
Carrier' Law
Most personal injury cases are based
on negligence rules; the injured person must prove negligence in order to win the case.
Public transportation injury law is still
based on negligence, but public transportation companies in some states may be
subject to what is called the "common carrier" law.
In many states, common carriers owe their passengers
a higher degree of care than the average person does. The injured person must
still prove that the public transportation company was negligent in order to
win the case. But in many states, common carriers are said to owe their
passengers a higher degree or even “the highest degree of care” to provide
safe means and methods of transportation for them.
In other words, the common carrier’s duty
to act reasonably to take care of its passengers is greater than the average
person’s duty to act reasonably. But, even though the common carrier may owe
this higher duty of care, the injured
person must always prove negligence.
Claim
Procedure And Statute Of Limitations
The second important distinction between
public transportation law and standard personal injury law has to do with the
procedure for bringing a claim against a public transportation company.
Because public transportation companies are
state or municipal agencies, special state laws (usually called State Tort
Claims Acts) apply to claims brought against them. There will almost always be
time and notice deadlines for filing injury claims against a government
entity like a public transportation company. These deadlines differ from
state to state, but can include the following:
·
a short (six months or even less) deadline
to notify the public transportation company in writing of the precise
circumstances of your accident
·
a shortened deadline for filing a lawsuit
(the statute of limitations) against the public transportation company
These requirements are applied more
strictly in some states than in others. In some states, your claim will be
barred if you send your notice to the wrong municipal department, even though
it might just be down the hall from the correct department. Moreover, you have
to make sure that you make your claim against the proper governmental entity in
the first place. To make sure that you satisfy all of your state’s notification
requirements, if you got hurt on public transportation, you should contact a
personal injury lawyer as soon as possible.
Limits on
Damages in Public Transportation Injury Claims
Unfortunately, most states have caps or
limits for injury claims against state or municipal agencies such as public
transportation companies. These limits will also differ from state to state,
but can be very low, sometimes $100,000 or less.
You can reach me directly at Scott@dcseattle.com or via phone at (206) 306-4034. This is my personal cell number. I will respond to text, emails or calls.
Our Office:
DC Legal, PLLC
150 Lake Street S. Ste 209
Kirkland, WA 98033
T: 425.889.9300
